David Adelstein | Florida Construction Legal Updates Under the federal Miller Act, if a claimant is NOT in privity with the prime contractor, it needs to serve a “notice of nonpayment” within 90 days of its final furnishing. In this manner, 40 U.S.C. 3133 (b)(2) states: A person having a direct contractual relationship with a… Continue reading Serving Notice of Nonpayment Under Miller Act
Tag: Miller Act
Can A Construction Contractor Email Notice of a Claim? Maybe!
Matthew DeVries | Best Practices Construction Law | November 18, 2019 A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting. In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity… Continue reading Can A Construction Contractor Email Notice of a Claim? Maybe!
Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?
William L. Porter | Porter Law Group When working on federal public works construction projects there are no Stop Payment Notice or Mechanics Lien remedies available to protect subcontractors’ and suppliers’ right to payment. Instead, unpaid subcontractors and suppliers must resort to making a claim for payment under a federal law known as the AMiller… Continue reading Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?
When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors
Ira M. Schulman and Emily D. Anderson | Pepper Hamilton | June 17, 2019 Payment bonds have been a staple of public construction projects since 1874, when the U.S. Congress first passed the Heard Act, which required that contractors obtain payment bonds for public projects to ensure that subcontractors and material suppliers have a way… Continue reading When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors
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