News & Analysis as of

Performance Bonds Appeals

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #3

Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more

Troutman Pepper

Colorado Court of Appeals Finds Contractor Satisfied Conditions Precedent Under Performance Bond

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Whiting-Turner Contracting Co. v Guar. Co. of N. Am. USA, 2019 BL 97923 (Colo. App. Mar. 21, 2019). This construction dispute involved rights and obligations under a performance bond supplied for an office building...more

Troutman Pepper

Federal Circuit, Citing The Christian Doctrine, Holds That Performance And Payment Bonds Are Required For All Construction...

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K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) - In September 2013 K-Con, Inc. (“K-Con”) entered into two contracts with the government to supply and construct pre-engineered...more

Bass, Berry & Sims PLC

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

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On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

Troutman Pepper

Eleventh Circuit Holds That The Statute Of Limitations On Payment Bond Claim Under Georgia Law Commences At Substantial Completion...

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Strickland v. Arch Ins. Co., No. 17-10610, 2018 U.S. App. LEXIS 504 (11th Cir. Jan. 9, 2018) - Strickland provided sand to a paving company (“Douglas”) for a Georgia Department of Transportation (“GDOT”) road improvement...more

Bennett Jones LLP

Part 2: Unpaid Subcontractors Beware

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The Supreme Court’s Decision in Valard - On September 14, 2016, we published Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA...more

Schwabe, Williamson & Wyatt PC

Enforcing Public Contracts against a Surety

This summer, the Washington Supreme Court ended a long dispute within the construction industry and issued an opinion finding that a performance bond is, in essence, an insurance contract. The court made clear that a public...more

Bennett Jones LLP

Unpaid Subcontractors Beware

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Alberta Court of Appeal confirms no duty to disclose existence of labour and material bond unless asked - Labour and material payment bonds (L&M Bonds) serve an important purpose on a construction project by providing...more

Foley & Lardner LLP

Seventh Circuit Limits Construction Lender’s Use of Title Insurance Policy to Cover Construction Liens Created by Lender’s Cutoff...

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In a recent decision written by Judge Sykes, affirming a decision from the Western District of Wisconsin, in an issue governed by Wisconsin law, the Seventh Circuit ruled that a title insurer has no duty to indemnify a...more

Snell & Wilmer

Under Construction - June 2015

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Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Bradley Arant Boult Cummings LLP

Virginia Public Contractors Beware: Fourth Circuit Upholds Cap on Contractor Recovery for Changed Work

Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more

Carlton Fields

Well, That Seemed Exhausting: When Is an Excess Insurer Obligated to Post an Appellate Bond?

Carlton Fields on

“You say to-may-toe; I say to-mah-toe,” or so the saying goes. According to the Eastern District of Pennsylvania in Charter Oak Insurance Company v. Maglio Fresh Food, No. 12-3967 (E.D. Penn. Sept. 9, 2014), the same can be...more

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