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Recent Posts

“IS THE DEFECTIVE WORK COVERED BY INSURANCE?”

Posted on 12 March, 2017
I have been asked this question quite a bit from owners, in particular:  “The contractor committed defective work, but it has insurance.  Doesn’t the insurance cover this defective work?”    Ugh, NO!    There is this misconception that

MILLER ACT AND “PUBLIC WORK OF THE FEDERAL GOVERNMENT”

Posted on 28 February, 2017
The Miller Act applies to the “construction, alteration, or repair of any public building or public work of the Federal Government.”  40 U.S.C. s. 3131.      A recent opinion out of the Northern District of Oklahoma sheds light on...

QUICK NOTE: IMPORTANCE OF EQUIPMENT FLOATER INSURANCE

Posted on 23 February, 2017
A recent case out of New York held that damage to a tower crane from a storm during construction is excluded from a builder’s risk policy because a tower crane is a machine that fits...

QUICK NOTE: AIM TO AVOID A STAY TO YOUR MILLER ACT PAYMENT BOND CLAIM

Posted on 17 February, 2017
Strategy is important.  This is especially true if you are trying to avoid arbitration.  In a recent federal district court case, a subcontractor sued the prime contractor and the Miller Act payment bond surety.  The subcontractor, however, had an

QUICK NOTE: SUBCONTRACTOR PAYMENT BOND = COMMON LAW PAYMENT BOND

Posted on 12 February, 2017
What is a common law payment bond?  A common law payment bond is a bond not required or governed by a statute.  For example, if a prime contractor provides the owner a payment bond, that bond...