R. Zachary Torres-Fowler | Pepper Hamilton LLP | January 24, 2019 United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of a levee wall on the National Mall in Washington, D.C. In September 2010, the… Continue reading Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act
Tag: Miller Act
Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract
Lawrence Prosen | Kilpatrick Townsend & Stockton LLP | November 7, 2018 On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even where an agency omits the Miller Act bonding… Continue reading Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract
Subcontract Provision Requiring Subcontractor to Pass Through its Claims Does Not Prevent the Subcontractor From Suing to Recover Against Miller Act Bond
Emily D. Anderson | Pepper Hamilton LLP | July 5, 2018 Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime contractor, entered into a contract (the “Contract”) in… Continue reading Subcontract Provision Requiring Subcontractor to Pass Through its Claims Does Not Prevent the Subcontractor From Suing to Recover Against Miller Act Bond
Does the Miller Act Trump Subcontract Dispute Provisions?
Christopher Horton | Smith Currie & Hancock | May 9, 2018 The Miller Act All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering… Continue reading Does the Miller Act Trump Subcontract Dispute Provisions?
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Christopher G. Hill | Construction Law Musings | February 7, 2018 The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor… Continue reading Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes