In the Ramsgate case, Surety provided two separate subdivision subcontract bonds to Ramsgate. Pursuant to those bonds and the indemnity clause of its indemnity agreement, the Surety sought reimbursement of its $80,000.00 settlement payment to the local building authority that it paid to resolve what was originally a claim for over $420,000.00 by the City. The project was started in 2002 and after many years of failures to complete (according to the City of Suffolk), the City made its claim for expenses in 2017. Ramsgate claimed that it completed the subdivisions in 2003. Continue reading Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?
Category: Bond Claims
Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
The recent case out of the Norfolk, Virginia Federal District Court recently explored the related question of whether such a clause can be enforced in the context of a Miller Act claim. In United States of America, for the use of Precision Air Conditioning of Brevard Inc. v. Cincinnati Insurance Company, the Court was confronted with a possible conflict between the legal requirement that any waiver of the right to pursue a Miller Act claim must be explicitly waived in writing and the clear contractual language between the general contractor and the plaintiff stating that mediation was a condition precedent to suit.
Continue reading Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
Some Work Cannot be Included in a Miller Act Claim
A recent case out of the Eastern District of Virginia federal court in Alexandria, VA gives some insight into the limits of claims under the federal Miller Act. In Dickson v Forney Enterprises, Inc. et. al., the Court looked at the question of whether the costs of a project manager’s purely clerical duties can be included and correspondingly whether performing those duties can extend the relevant one-year limitations period for filing suit.
Continue reading Some Work Cannot be Included in a Miller Act Claim
Is Moving Away from Construction Bonding Requirements a Good Idea?
Originally posted 2011-07-25 09:00:48.
Recently, the legal/construction blogosphere (if that’s still a word) has been discussing a move by Ohio State University to eliminate the need for construction payment and performance bonds on public projects for the university. Needless to say, this move is not popular with certain portions of the construction industry. In fact the Surety and Fidelity Association of America (SFAA) and the American Subcontractors Association (ASA) filed a joint action to require OSU to require bonding on their projects.
This move by OSU is not the only step toward lowering bonding requirements by various states. The Commonwealth of Virginia, my home turf, recently enacted a change in the minimum size of a project on which bonding is required. This change raised the minimum project value from $100,000 to $500,000 and substituted a choice to pre-qualify contractors for public projects.
These matters have been discussed here at Construction Law Musings and by both of my pals Doug Reiser (@douglasreiser) and Chris Cheatham (@chrischeatham) on their respective blogs (linked above) so I won’t get into the specifics of the particular construction projects or the legislation. I do however, want to get thoughts of all of you great readers on the implications of this move.
Continue reading Is Moving Away from Construction Bonding Requirements a Good Idea?
Dump Site Provider Has Valid Little Miller Act Claim
Originally posted 2012-09-17 09:00:40.
You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.
Continue reading Dump Site Provider Has Valid Little Miller Act Claim