Daniel Lund III | Phelps Dunbar A general contractor on a federal highway project in Arizona refused to pay in excess of $800,000 to its site preparation subcontractor. The sub filed suit in federal court against the GC and its Miller Act surety. After being served with the suit, the general contractor and surety –… Continue reading Construction Litigation Roundup: “No Good – Just the Bad and the Ugly”
Tag: Miller Act
Construction Litigation Roundup: “Muddled Results?”
Daniel Lund III | Phelps Dunbar Muddled results? After milling about the site for quite some time, a subcontractor on an Army Corps of Engineers excavation project in Louisiana filed a Miller Act claim against the general contractor’s bond. According to the subcontractor, the 1,000,000 yd.³ project – which was slated for 15 months –… Continue reading Construction Litigation Roundup: “Muddled Results?”
Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Daniel Lund III | Phelps Dunbar You (can’t) just keep me hangin’ on! In federal court proceedings in Colorado against a Miller Act surety as a follow-up to an arbitration award rendered against the surety’s principal, the surety was tagged with paying the attorney’s fees incurred by the plaintiff obligee in the court action. The… Continue reading Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Maybe Supervising Qualifies as Labor After All
Christopher G. Hill | Construction Law Musings Remember back in 2021 when I “mused” about Dickson v. Fidelity and Deposit Company of Maryland et al.? Remember how the Eastern District of Virginia held that mere supervision does not qualify as “labor” under the federal Miller Act? Well, the 4th Circuit recently weighed in on the appeal of… Continue reading Maybe Supervising Qualifies as Labor After All
Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
David Adelstein | Florida Construction Legal Updates Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4). Stated another way,… Continue reading Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations