Category Archives: Payment Bond

Lien and Payment Bond Right Preservation is a MUST

Recently, I have been involved in more than a few matters where a party failed to preserve their construction lien rights or payment bond rights, as applicable to the project.  Why?  Failing to properly preserve lien or payment bond rights … Continue reading

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Recording a Notice of Contest of Lien Against Payment Bond

As a general contractor, if you receive a notice of nonpayment from a claimant that is preserving its rights under your payment bond, you can record a Notice of Contest of Claim Against Payment Bond.  This is similar to a … Continue reading

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Conditional Payment Bond Requirements

Conditional payment bonds are becoming more popular on private construction projects. From a general contractors’ perspective, the conditional payment bond provides it security in the event the owner does not pay. With an unconditional payment bond, a claimant can still … Continue reading

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“Prevailing Party” in Construction Lien Actions

Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading

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Public Payment Bonds and Venue

Good news for subcontractors and suppliers, or payment bond claimants on a public construction project. A new appellate case confirms your flexibility to sue a payment bond in your preferred venue irrespective of a venue provision in your subcontract. For … Continue reading

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Just because It Says It is a Miller Act Payment Bond Doesn’t Make It so

Just because a payment bond smells like a Miller Act payment bond, walks like a Miller Act payment bond, and talks like a Miller Act payment bond doesn’t actually mean it is a Miller Act payment bond.   What?!?     My sentiments … Continue reading

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Avoiding an Arbitration Provision to Pursue a Payment Bond Claim in Court

Does your subcontract contain a binding arbitration provision as the means to resolving disputes? If so, and you sue the general contractor and payment bond surety in court there is a good chance that the payment bond claim will be … Continue reading

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Statute of Limitations to Sue on Common Law Payment Bond

In previous postings, I discussed common law payment bonds (or a payment bond that is NOT a statutory payment bond). An action against a common law payment bond has a one-year statute of limitations, but it is a flexible one … Continue reading

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Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim

Miller Act claimants can recover attorney’s fees if the underlying contract that forms the basis of their payment bond claim provides for attorney’s fees. The law, however, has been silent as to whether a prime contractor and Miller Act payment … Continue reading

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Remember for the New Year – An Ounce of Prevention is Worth a Pound of Cure when it comes to YOUR Construction Lien and Payment Bond Rights!

Welcome to 2017! Happy New Year! As a new year’s resolution, I hope that you will be proactive when it comes to protecting your construction lien and payment bond rights. This will only benefit your business in the long term. … Continue reading

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