Here is an interesting case binding a Miller Act payment bond surety to an arbitration award against its prime contractor (bond principal) that it received sufficient notice of.  Notice is the operative word.  The surety could have participated in the arbitration, elected not to, and when...

Recently, I shared an article with LevelSet about common construction claims and how to manage the risk with construction claims.  Check out the article here.   The article touches upon issues regarding: i) knowing your scope of work; ii) understanding the contract documents; iii) knowing your...

A general contractor’s subcontract with its subcontractor should include a provision that entitles it to flow down liquidated damages assessed by the owner stemming from delays caused by the subcontractor.  Such a provision does not mean the general contractor does not have to prove...

Do yourself a favor: Don't sign a construction contract that doesn't address COVID-19 or any pandemic or epidemic from this point forward! As the number of COVID-19 numbers rise, it would be reasonable to think this could have an impact on ongoing or future construction projects.   For this...

If you recording a construction lien (referred to as a claim of lien) and looking to perfect your construction lien foreclosure rights, it is imperative that you work with counsel to ensure your rights are properly preserved.  This is good practice! A claim of lien must be...