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Recent Posts

A FORUM SELECTION PROVISION IN A SUBCONTRACT CAN BENEFIT A MILLER ACT PAYMENT BOND SURETY

Posted on 10 October, 2015
The recent opinion in U.S. ex rel. Galvin Bros., Inc. v. Fidelity and Deposit Co. of Maryland, 2015 WL 5793346 (E.D.N.Y. 2015) illustrates when a forum selection provision in a subcontract can benefit a Miller Act payment bond surety.  

ENSUING LOSS EXCEPTION IN PROPERTY INSURANCE POLICIES

Posted on 3 October, 2015
Property insurance policies such as builder’s risk policies contain a design defect / faulty workmanship exclusion (as well as other exclusions for excluded risks or perils).  But, certain exclusions such as the design defect...

VIOLATION OF DAVIS BACON ACT COULD SUPPORT FALSE CLAIMS ACT VIOLATION

Posted on 26 September, 2015
The Davis Bacon Act is a prevailing wage federal statute that applies to contractors and subcontractors performing work on federally assisted or federally funded projects in excess...

QUALIFYING AGENTS AND COMMON LAW NEGLIGENCE

Posted on 19 September, 2015
Can a qualifying agent be sued for negligence?   Yes, there is authority for arguments to pursue a qualifying agent under a common law theory of negligence.    A qualifying agent is not individually...

DID I JUST BUY THE MONEY PIT?

Posted on 12 September, 2015
You bought a house.  Congratulations! You are all excited.  You move in, get settled, and then the dreadful happens.  You discover that the new house you bought contains water intrusion or other significant construction defects.   You begin to think...