Jose A. Aquino | Duane Morris The recent decision in BCC Housing Development Corp. v. LPCiminelli, Inc., entered on February 27, 2025, by the New York Supreme Court, Appellate Division, Third Department, addresses the enforcement of contractual time limits in performance bonds and clarifies when a contractor’s work is considered complete under a construction contract. BCC… Continue reading The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Tag: Performance Bond
Pitfalls of the AIA Form of Performance Bond
Kenneth Block | Tannenbaum Helpern Syracuse & Hirschtritt When an owner requires a contractor to post a payment and performance bond, the contractor, invariably, provides a bond in the form of AIA Document A312-2010. The payment portion of the bond is primarily for the benefit of the contractor’s subcontractors and allows the subcontractors to make… Continue reading Pitfalls of the AIA Form of Performance Bond
Construction Litigation Roundup: “Tender Is the Fight”
Daniel Lund III | Phelps Dunbar A performance bond surety for a defaulted general contractor principal found itself with a recalcitrant owner which refused to accept the tender of a replacement general contractor to complete a $3,000,000 construction project in Monmouth County, New Jersey. Even before the original GC was off the job, the surety… Continue reading Construction Litigation Roundup: “Tender Is the Fight”
Surety’s Several Liability Under Bonds
David Adelstein | Florida Construction Legal Updates When a payment or performance bond is issued on behalf of its bond-principal, the surety is jointly and severally liable with its bond-principal. This means the surety has several liability under the bond, i.e., you don’t need to pursue the principal of the bond to pursue liability under the bond, which is a separate written… Continue reading Surety’s Several Liability Under Bonds
Construction Litigation Roundup: “Tender Is the Fight”
Daniel Lund III | Phelps Dunbar A performance bond surety for a defaulted general contractor principal found itself with a recalcitrant owner which refused to accept the tender of a replacement general contractor to complete a $3,000,000 construction project in Monmouth County, New Jersey. Even before the original GC was off the job, the surety… Continue reading Construction Litigation Roundup: “Tender Is the Fight”