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Recent Posts

DON’T MESS WITH THE GENERAL AGREEMENT OF INDEMNITY

Posted on 31 December, 2014
I have previously posted articles about the all mighty General Agreement of Indemnity (“Agreement of Indemnity”) that a surety requires a contractor bond-principal and designated guarantors to execute before issuing payment and performance bonds to...

CHART SUMMARIZING ENFORCEMENT OF CONSTRUCTION LIEN AND PAYMENT BOND RIGHTS

Posted on 30 December, 2014
Previously, I included a chart that summarizes the preliminary notice requirements for construction liens and payment bonds in Florida.  This chart focuses on steps a potential lienor / claimant must undertake to preserve lien or payment bond...

THE DIFFICULTY IN RAISING EQUITABLE TOLLING TO JUSTIFY AN UNTIMELY MILLER ACT PAYMENT BOND LAWSUIT

Posted on 23 December, 2014
Previously, I discussed the statute of limitations for a Miller Act payment bond claim and the equitable tolling of the limitations based on a claimant’s late filing of a...

YES, LIEN PRIORITY IS IMPORTANT

Posted on 19 December, 2014
When a construction lender forecloses, a lienor (e.g., contractor, subcontractor, supplier) is in a bad predicament because the lender’s mortgage will maintain priority over the lienor’s construction lien. The lienor would be named in the...

CHART SUMMARIZING PRELIMINARY NOTICE REQUIREMENTS FOR LIENS AND PAYMENT BONDS

Posted on 16 December, 2014
In previous articles, I discussed preliminary notice requirements to properly preserve construction liens and payment bonds on private projects,

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