Monthly Archives: April 2010

Pennsylvania Common Pleas Court Upholds Payment Bond Contractual Limitation Period

James J. Gory Mechanical Contracting Inc. v. Travelers Casualty & Surety Co. 2010 Phila. Ct. Com. Pl. Lexis 20 (Phila. CCP Feb. 8, 2010) In February 2005, Surety issued payment bond of over $45 million on behalf of the general … Continue reading

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Connecticut Court Holds Termination Improper Where Subcontractor Substantially Performed; Also Holds Evidence Supported Subcontractor’s Inefficiency Claim

DuBaldo Electric, LLC v. Montagno Construction, Inc. 119 Conn. App. 423; 2010 Conn. App. LEXIS 55 (Conn. App. Feb. 23, 2010) Subcontractor, DuBaldo Electric contracted with general contractor, Montagno Construction to perform electrical work in connection with the renovation of … Continue reading

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U.S. District Court in Florida Rules Performance Bond Claims Barred By Obligee’s Failure to Declare Default and Its Performance of Corrective Work Without Affording Surety Opportunity to Cure

North Amer Spec Ins. Co. v. Ames Corp./Dawson Building Contractors, Inc. JV 2010 U.S. Dist. LEXIS 25748 (S.D. Fla. Mar. 10, 2010) Defendant Ames Corporation/Dawson Building Contractors, Inc. (Ames/Dawson), as general contractor, engaged American Roofing, LLC (American Roofing) to perform … Continue reading

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Pennsylvania Court Requires Strict Compliance With Conditions Precedent to Payment on Public Contract; Construes Attorneys Fee-Shifting Provision in “No Damage for Delay” Clause

Boro Construction, Inc. v. Ridley School Dist. 2010 Pa. Commw. LEXIS 124 (Pa. Commw. Ct. Mar. 8, 2010) The Pennsylvania Commonwealth Court ruled that where a contractor failed to submit an application for final payment, a school district was excused … Continue reading

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U.S. District Court in Kansas Eschews Application of Traditional Exceptions to No-Damages-For-Delay Clause

Law Co. v. Mohawk Construction & Supply Co. Inc. 2010 U.S. Dist. LEXIS 24302 (D. Kan. March 16, 2010) The United States District Court for the District of Kansas recently considered the enforceability of a no-damages-for-delay clause in a construction … Continue reading

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