Monthly Archives: July 2014

Fifth Circuit Holds Contractor May Not Assert Set-Off for Defective Work Because It Failed to Comply with Subcontract Provisions for Notice and Opportunity to Cure

United States ex rel JEMS Fabrication, Inc. v. Fidelity & Deposit Co. of Maryland, 2014 U.S. App. Lexis 8175 (5th Cir., April 30, 2014) This dispute arises out of a construction project to renovate and redevelop pumping stations located at … Continue reading

Posted in Defective Work, Notice

District Courts in California and Colorado Hold Subcontract References to Prime Contract Disputes Procedures Do Not Waive Miller Act Rights

United States ex rel. Heggem-Lundquist Paint Co. v. Centerre Gov’t Contracting Grp., LLC, 2014 U.S. Dist. LEXIS 66161 (D. Colo. Apr. 23, 2014)   Am. Constr. & Envtl. Servs. v. Total Team Constr. Servs., Inc., 2014 U.S. Dist. LEXIS 57467 (E.D. … Continue reading

Posted in Miller Act, Payment bond, Subcontract

Ninth Circuit Holds Subcontractor’s Lack of License Required By California Law Did Not Bar Its Pursuit of Federal Miller Act Claim

Technica LLC v. Carolina Casualty Ins. Co., 749 F.3d 1149,2014 U.S. App. LEXIS 8023 (9th Cir., April, 29, 2014) This payment dispute arose out of the ICE El Centro SPC – Perimeter Fence Replacement/Internal Devising Fence Replacement federal project in … Continue reading

Posted in Miller Act

D.C. Circuit Holds Internal Investigations Directed By In-House Counsel Are Protected by Attorney-Client Privilege Where Providing or Obtaining Legal Advice is One of the Significant Purposes of the Investigation

In re Kellogg Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014) The United States Court of Appeals for the District of Columbia Circuit held that the attorney-client privilege applies to internal investigations performed at … Continue reading

Posted in Privilege