Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal
Tag: Payment Bond
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
Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract
David Adelstein | Florida Constrution Legal Updates The venue to file a lawsuit can be an important issue for a variety of reasons, whether for convenience or the prospect of a more favorable outcome. Oftentimes, there is a venue provision in a contract that provides where the exclusive venue for any dispute arising out of the contract must be… Continue reading Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract
Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Chris Broughton | ConsensusDocs Introduction: Time is of the essence in the construction industry, and failing to provide timely notice of your payment bond claim can end your chance of recovery. Payment bonds guarantee payment for the subcontractors and suppliers who provide labor or materials on covered construction projects. Federal and state statutes governing payment… Continue reading Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers
S. Gregory Joy | Smith Currie Both Houses of the Georgia Legislature have approved Senate Bill 315, which is designed to change the outcome of a 2019 Georgia Court of Appeals decision that interpreted the existing law in a way that surprised and alarmed many construction industry participants. Presuming the Bill is not vetoed by Governor… Continue reading Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers