Monthly Archives: April 2008

Supreme Court of South Carolina Finds Public Owner’s Failure to Require General Contractor’s Compliance with Statutory Bond Requirements Supports Cause of Action by Subcontractor Against Owner under South Carolina Statute

Sloan Constr. Co. v. Southco Grassing, Inc. 2008 S.C. LEXIS 99 (S.C. Mar. 24, 2008) The South Carolina Department of Transportation (SCDOT) contracted with general contractor Southco Grassing, Inc. in connection with state highway maintenance project and, in accordance with … Continue reading

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New Jersey Federal Court Holds that New Jersey Public Works Bond Act and Trust Fund Act Bars A General Contractor from Setting Off Potential Claims on Private Project Against Amounts Owed to Subcontractor on a Public Project

Atlantic City Associates LLC v. Carter & Burgess Consultants, Inc. 2008 U.S. Dist. LEXIS 25144 (D.N.J. Mar. 27, 2008) The United States District Court for the District of New Jersey recently had to decide whether it was proper for a … Continue reading

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Florida Court Holds That Contractor’s Failure To Provide Notice Of Default In Accordance With Terms Of Performance Bond Discharged Surety From Its Obligations

Current Builders of Florida, Inc. v. First Sealord Surety, Inc. 2008 Fla. App. LEXIS 4698 (April 2, 2008) The Court of Appeals of Florida held that a jury finding that a contractor which terminated a subcontractor failed to provide notice … Continue reading

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Ohio Appellate Court Holds Statute Barring Enforcement Of No Damage For Delay Clauses In Cases of Owner Fault Also Precludes Limiting Recovery of Inefficiency And Acceleration Damages Flowing From Owner Delay

Cleveland Construction, Inc. v. Ohio Pubic Employees Retirement System No. 07AP-574, 2008 Ohio 1630 Appellant, Ohio Public Employees Retirement System (“PERS”) is the owner of an office tower project (the “Project”) in Columbus, Ohio. PERS entered into a $6.3 million … Continue reading

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DC District Court Finds Excavator’s Surety Not Liable Where Prime Contractor Delayed Notifying Surety of Excavator’s Default Until After Excavator’s Work Was Complete

Hunt Construction Group, Inc. v. National Wrecking Corp. 2008 U.S. LEXIS 27859 (D.D.C. Apr. 8, 2008) The United States District Court for the District of Columbia discussed the split of authority on the issue of when a surety’s obligations are … Continue reading

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