Pennsylvania’s bad‑faith statute, 42 Pa. C.S.A. § 8371, permits insureds to recover certain damages in “action[s] arising under an insurance policy … [if] the insurer has acted in bad faith towards the insured ….” In Eastern...more
Any contractor seeking bonding capacity, whether it be for public or private projects, will necessarily see a general indemnity agreement as a part of establishing a relationship with any surety. ...more
Surety bonds serve as a safeguard to ensure the fulfillment of contractual obligations and help owners manage the risks that come along with the construction industry. A surety bond is an agreement involving three different...more
Use this guide as a reference when filing lien and bond claim notices for the month of January....more
Retainage is a critical tool for public project owners to ensure satisfactory contractor performance. The maximum retainage rate for public projects typically ranges from 5% to 10%, depending on the contract value. For large...more
In a dispute between a general contractor and its window subcontractor arising from a $500 million construction project in Manhattan, a question arose concerning the extent to which an insurer providing subcontractor default...more
Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more
As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more
Key Insurance Types for Construction - Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these....more
Governor Landry recently signed into law two legislative acts that should allow Private Works Act and Public Works Act payment bond sureties to rely on defenses available to their general contractor principals in defense of...more
In Cell-Crete Corp. v. Fed. Ins. Co., a California court awarded a surety attorneys’ fees and costs that its principal incurred defending the surety against a claim on a public-works payment bond. This is good news for...more
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) - In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more
When representing clients in negotiating and drafting construction agreements for private construction work, I am often asked: Should we require the contractor to provide a bond? This question doesn’t arise on public works...more
19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more
When a party to a construction contract is faced with nonperformance of another party, often the desire to keep the project moving takes precedence in responding to the performance default. ...more
Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more
On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction...more
A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project...more
On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will...more
Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more