Here at Construction Law Musings, I have often discussed payment bond claims under the federal Miller Act and its state specific analogs (so called “Little Miller Acts“). Most of these discussions have assumed without actually stating that the surety carrying the payment bond would be solvent and available to pay any judgment against it. Unfortunately,
Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law
Tag Archives: Surety
File, File, Wherefore Art Thou File
For this week’s Guest Post Friday here at Musings, we welcome back Douglas Reiser. Doug (@douglasreiser) is a business attorney & LEED AP in Seattle, Washington. He is the principal at Reiser Legal PLLC, co-founder of ClaimKit, and editor of The Builders Counsel. Doug represents green businesses, green builders, contractors, organizations and craft brewers. His
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S.
Why Contractors Should Notify Bonding Companies Quickly
With the rise in federal and state construction projects, and the need for contractors and other construction professionals to seek out these projects in the present economy, focus on the Miller Act and your state’s “Little Miller Act” is key. As a quick reminder, the Miller Act essentially requires that a general contractor carry a
The Insider’s Guide to Finding a Surety Company
For this week’s Guest Post Friday here at Construction Law Musings, we welcome Alex Levin. Alex is a writer for Lance Surety, a nationwide surety bond company who write and provide a variety of bond types from construction bonds to auto dealer bonds. In the eyes of many contractors and licensed business people, obtaining a surety
About Musings
I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.
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