Daniel Lund III | Phelps Dunbar A subcontractor asserting a payment bond claim for “standby” time for its equipment on the Cline Avenue bridge project (over Indiana Harbor and Ship Canal in East Chicago, Indiana) received pushback from the payment bond surety. In fact, the duration of the standby time occurred after the surety’s principal,… Continue reading Construction Litigation Roundup: “Just Hanging Around”
Tag: Payment Bond Claim
Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Bill Wilson | Construction Law Zone In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment bond on the project two years after the subcontractor last performed… Continue reading Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Some Work Cannot be Included in a Miller Act Claim
Christopher G. Hill | Construction Law Musings The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its agencies are the owners of the property and therefore mechanic’s liens are unavailable. Even where you follow the proper claims process under… Continue reading Some Work Cannot be Included in a Miller Act Claim
California Precludes Surety From Asserting Pay-When-Paid Provision As Defense To Payment Bond Claim
Nicholas Korst | Ahlers Cressman & Sleight In a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works… Continue reading California Precludes Surety From Asserting Pay-When-Paid Provision As Defense To Payment Bond Claim
But What About My Machines Just Sitting There? Fed Court Rules Only Some Idle Equipment Costs are Allowable in a Payment Bond Claim
Brendan Carter | The Dispute Resolver | March 1, 2019 In 2010, the United States Army Corps of Engineers (USACE) entered into an agreement with Hirani Engineering & Land Surveying, PC (Hirani) for the construction of a levee wall on the National Mall to prevent the Potomac River from flooding into Downtown Washington. Hirani in… Continue reading But What About My Machines Just Sitting There? Fed Court Rules Only Some Idle Equipment Costs are Allowable in a Payment Bond Claim