News & Analysis as of

Payment Bonds Miller Act Construction Industry

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Get Paid: Tips and Tricks for Construction Companies in DC, Maryland, and Virginia - March 28th, 12:00pm ET

Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. Fortunately, there are a number of tools available to help contractors,...more

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Claimant Is Not Required To Conduct An Investigation Into The Veracity Of The Representation To Prove Justifiable Reliance When...

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Fisk Elec. Co. v. DQSI, L.L.C., 2018 U.S. App. LEXIS 17914 (5th Cir., June 29, 2018) - DQSI, L.L.C., (“DQSI”) a general contractor, was hired by the Army Corps of Engineers (“Corps”) for a pump station construction...more

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Subcontract Provision Requiring Subcontractor To Pass Through Its Claims Does Not Prevent The Subcontractor From Suing To Recover...

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Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more

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Federal Court In Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work Of The...

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United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...more

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Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

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United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

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Federal Court in Oklahoma Rules that Bond Issued on a Sovereign Tribal Construction Project is Not a Miller Act Bond Even Though...

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United States ex rel. J.A. Manning Constr. Co. v. Bronze Oak, 2017 U.S. Dist. LEXIS 6054 (N.D. Okla. Jan. 17, 2017) - In May 2014 the Cherokee Nation issued a bid notice for bridge and roadway construction in Mayes...more

Pillsbury - Gravel2Gavel Construction & Real...

Construction Bond Basics

There are three types of bonds that afford financial protection in connection with a construction project: payment bonds, Cranesperformance bonds, and bid bonds. Below is a primer on the differences between these bonds and...more

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Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under...

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DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more

Carlton Fields

Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration

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The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute...more

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