ONLY A CONTRACTOR CAN APPEAL A CONTRACTING OFFICER’S FINAL DECISION
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted).
The term “contractor is not an ambiguous term. A 'contractor'...
SURETY LIABILITY IS COEXTENSIVE WITH ITS BOND PRINCIPAL
A recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing...
CONSTRUCTION LIENS AND THE “SUBSTANTIAL PERFORMANCE” DOCTRINE
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third...
DEPRIVING A PERFORMANCE BOND SURETY OF COMPLETION OPTIONS WILL RESULT IN A BREACH OF THE BOND
“The purpose of a performance bond is to guarantee the completion of the contract upon default by the contract.” Arch Insurance Co. v. A3 Development, LLC, 2026 WL 632330 (S.D. Fla. 2026) (internal citations and quotations omitted).
If you are an obligee (beneficiary of a...
APPLYING JURY VERDICT METHOD IN QUANTIFYING DAMAGES DUE TO DEFECTIVE SPECIFICATIONS
In Metric Construction Co., Inc. v. U.S., 80 Fed. Cl. 178 (Fed. Cl. 2008), a contractor was contracted by...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com