Surety Duty To Investigate Triggered After Filing Of Bond Claim

Colin J. Troy | Wood, Smith, Henning & Berman Although surety companies are generally not liable for tort damages to a third party, Washington’s legislature has carved out a limited exception for the setting up and sitting of mobile homes. The Revised Code of Washington (RCW) establishes a per se violation of the Consumer Protection… Continue reading Surety Duty To Investigate Triggered After Filing Of Bond Claim

No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

Brian C. Padove | ConsensusDocs One of the foundational tenets of contract law is that a party may only be bound by terms they agree to, or in other words, if the party did not sign a contract, that party cannot be bound by the terms thereof. While this principle is generally unwavering, there are… Continue reading No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?

Christopher G. Hill | Construction Law Musings We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects.  A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this… Continue reading Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?

Using Lien and Bond Claims to Secure Project Payments

Jonathan Cheatham | Construction Executive While suing in court for payment on a construction project is nothing new, the very notion of non-payment tends evokes images of hard-working contractors and subcontractors, working with tight margins, owed payment for services rendered and materials. Fortunately, for general contractors and subcontractors in the construction industry, there are better… Continue reading Using Lien and Bond Claims to Secure Project Payments

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