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Recent Posts

SUIT ON SUBCONTRACTOR’S COMMON LAW PAYMENT BOND

Posted on 15 February, 2020
When a subcontractor furnishes a payment bond, is it referred to as a common law payment bond governed by state law.  There is no federal statute (or even state statute in most jurisdictions) governing the requirements of a subcontractor’s payment bond, hence the reason...

CONTRACTOR PREVAILING AGAINST SUBCONTRACTOR ON COMMON LAW INDEMNITY CLAIM

Posted on 9 February, 2020
Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault:

Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another,...

QUICK NOTE: SIMPLE BUT THORNY ISSUE OF “CONCURRENT DELAY”

Posted on 2 February, 2020
The definition of “concurrent delay” seems simple, but it can give rise to thorny issues including misunderstandings, not truly digging into the causes of the alleged concurrent delay, and the lack of apportionment of the concurrent delay period.   This is why when dealing with any delay it...

CONSTRUCTION LIEN FORECLOSURE ACTION MUST BE BROUGHT IN COUNTY WHERE PROPERTY LOCATED

Posted on 26 January, 2020
A construction lien foreclosure action is an action against the real property and MUST be brought in the county where the property is located. It is an action concerning subject matter jurisdiction (the jurisdiction of the court to hear the matter) and, thus, can be raised at any...

CERTIFYING CLAIM UNDER CONTRACT DISPUTES ACT

Posted on 24 January, 2020
Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows:

For claims of more than $100,000 made by a...