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QUICK NOTE: 4 ELEMENTS OF MILLER ACT PAYMENT BOND CLAIM

Posted on 5 August, 2019

   

A subcontractor on a federal construction project must prove the following four elements in a Miller Act payment bond claim:

 

1. The subcontractor supplied labor and/or material per its subcontract;

 

2. The subcontractor is unpaid for the labor...

JUDICIAL REVIEW OF FINAL AGENCY ACTION ARISING FROM BID PROTEST

Posted on 5 August, 2019
If you are involved in a bid protest governed by Florida’s Administrative Procedures Act (Florida Statute s. 120.57), you know there will be an administrative hearing presided over by an administrative law judge.   The judge will issue a recommended order to the public agency...

DOES HORIZONTAL WORKERS COMPENSATION IMMUNITY APPLY?

Posted on 5 August, 2019
The Second District Court of Appeals in Heredia v. John Beach & Associates, Inc., 44 Fla. L. Weekly D1892a (Fla. 2d DCA 2019) found that horizontal workers compensation immunity did not apply when the subcontractors were hired by a developer and not...

ATTORNEY’S FEES FOR LITIGATING THE AMOUNT OF ATTORNEY’S FEES

Posted on 5 July, 2019
Attorney's fees' provisions are common in construction contracts.  They are an important provision if you want to create a contractual entitlement to recover your attorney's fees in the event there is a contractual dispute.  Presuming you prevail on the significant issues of your dispute and are entitled to...

Release Language Extended to Successor Entity But Only Covered “Known” Claims

Posted on 5 July, 2019
A recent case contains valuable analysis that has impact on whether a “successor” entity will be bound by a settlement agreement it was not a direct party to. This case contains arguments for contractors that can be raised in a number of different contexts if it is sued by a...