Tag Archives: payment bond

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

Posted in Miller Act, Payment Bond | Tagged , , , | Comments Off on Just because It Says It is a Miller Act Payment Bond Doesn’t Make It so

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

Posted in Miller Act, Payment Bond | Tagged , , | Comments Off on Avoiding an Arbitration Provision to Pursue a Payment Bond Claim in Court

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

Posted in Payment Bond | Tagged , , , | Comments Off on Statute of Limitations to Sue on Common Law Payment Bond

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

Posted in Miller Act, Payment Bond | Tagged , , | Comments Off on Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim

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

Posted in Lien, Payment Bond | Tagged , , , , | Comments Off on 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!

Common Question: Do I Have Lien Rights OR Payment Bond Rights?

There are many times where a subcontractor, sub-subcontractor, or supplier does not know whether they have construction lien rights or payment bond rights in the event they are not paid.  This means they are uncertain whether to preserve their nonpayment … Continue reading

Posted in Lien, Payment Bond | Tagged , , , | Comments Off on Common Question: Do I Have Lien Rights OR Payment Bond Rights?

Miller Act Payment Bond Surety Cannot Raise Pay-If-Paid / Pay-When-Paid Defense

Most prime contractors include pay-if-paid (or pay-when-paid) language in their subcontract as a means to shift the risk of the owner’s nonpayment to the subcontractor. However, on federal construction projects, the prime contractor furnishes the government with a Miller Act … Continue reading

Posted in Miller Act, pay-when-paid | Tagged , , , , , , | Comments Off on Miller Act Payment Bond Surety Cannot Raise Pay-If-Paid / Pay-When-Paid Defense

Florida Public Construction Bond Form

What does a Florida public construction bond look like for public projects?  As a starter, Florida Statute s. 255.05 states that the bond may be in substantially the same form as depicted below.  This is a common public construction bond form … Continue reading

Posted in Payment Bond, Performance bond | Tagged , , , , , | Comments Off on Florida Public Construction Bond Form

Can the Contract’s Change Order Requirements be Waived? If so, can this Support the Basis of a Payment Bond Claim?

You are owed money for change order work. But, and this is a big but, you did not perform the change order work per your contract. The contract required you to get a signed change order in advance of performing … Continue reading

Posted in Miller Act, Payment Bond | Tagged , , , , | Comments Off on Can the Contract’s Change Order Requirements be Waived? If so, can this Support the Basis of a Payment Bond Claim?

Be Proactive with Your RIGHT to Payment on Private Construction Projects

If you are a subcontractor or supplier on a private construction project, you want to be proactive regarding your right to payment.   As the maxim goes, “An ounce of prevention is worth a pound of cure.” Being proactive will hopefully … Continue reading

Posted in Lien, Payment Bond | Tagged , , , , , , | Comments Off on Be Proactive with Your RIGHT to Payment on Private Construction Projects