Originally posted 2017-12-01 12:30:43. The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious. One […]
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Originally posted 2014-07-09 09:44:02. 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 or supplier can use this […]
Always Show Up For Court, Or Else. . .
I have often discussed construction payment bond claims from the perspective of the subcontractor or supplier making the claim. However, a recent case (that I only have the Virginia Lawyers Weekly link for) discusses the potential dire consequences of such a claim for a payment bond principal and any guarantor under that bond. In Hanover […]
Read Your Construction Contract Arbitration Clauses Carefully
In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC. If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and a general contractor, Vista Contracting. As discussed in the prior post, Thyssenkrupp did not get […]