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Recent Posts

SUBCONTRACTOR’S MILLER ACT PAYMENT BOND CLAIM

Posted on 31 August, 2017
  Since I wrote my ebook on the application of federal Miller Act payment bonds, I have not discussed a case applying the Miller Act.  Until now!   Below is a case that reinforces two important points applicable to Miller Act...

SURETIES DO NOT ISSUE BONDS RISK-FREE TO THE BOND-PRINCIPAL

Posted on 27 August, 2017
If your construction company is bonded, then you have signed a General Agreement of Indemnity with your surety / bonding company.  Stated another way, if a surety issued an obligee on behalf of your construction company, as the bond-principal,...

ILLUSORY INSURANCE COVERAGE: REAL OR UNREAL?

Posted on 18 August, 2017
In insurance coverage declaratory relief actions, there are times an insured will argue that the insurance policy coverage is illusory.  Typically, an insured will raise this illusory argument if its insurer is denying coverage based on an exclusion or limitation in the policy....

THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING

Posted on 12 August, 2017
Destructive testing is a routine investigatory procedure in construction defect disputes.   The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol.   Destructive testing is designed to answer numerous questions:  Why did the building component fail?  Was the building...

OWNERS SHOULD SERVE REQUEST FOR SWORN STATEMENT OF ACCOUNT ON LIENOR

Posted on 6 August, 2017
When an owner receives a construction lien, an owner should serve the lienor with a Request for Sworn Statement of Account.    The Request for Sworn Statement is authorized by Florida Statute s. 713.16(2) and should be in the following...