An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract.  The contractor's argument was that the government breached its...

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...

A recent Miller Act payment bond decision out of the District of Columbia Circuit Court of Appeals, U.S. f/u/b/o Civil Construction, LLC v. Hirani Engineering & Land Surveying, PC, 58 F.4^th 1250 (D.C. Circ. 2023), dealt with the issue of whether a subcontractor’s superintendent constitutes...

The scope of work section in your construction contract should never be overlooked.  In numerous instances, it is overlooked which leads to a dispute as to the precise nature of the scope of work. This dispute could be the result of an ambiguity in the scope of work section. Or...

Technical contractual provisions in contracts can carry the day. Whether you like it or not, and whether you appreciate the significance of the provisions, they matter.  Notice provisions in a contract mean something. Following the claims procedure in a contract means something. The moment you think...