Category Archives: Payment bond

Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under Prime Contract Was Not an Effective Waiver of Miller Act Rights

DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) This payment dispute case arises out of a Veterans Affairs (“VA”) construction project located in Palo Alto, California.  McCarthy … Continue reading

Posted in Flow Down, Miller Act, Payment bond, Payment dispute

U.S. District Court in Pennsylvania Holds Subcontractor’s Miller Act Suit Not Subject to Stay Pending Prime Contractor’s Prosecution of Claim Against Government

Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) This payment dispute case arises out of a Veterans Affairs (“VA”) construction project located in Philadelphia. Nason was the … Continue reading

Posted in Miller Act, Payment bond, Payment dispute

Federal District Court in Nevada Denies Contractor’s Motion to Stay Subcontractor’s Miller Act Suit Pending Resolution of Contractor’s Suit Against the Government

KBW Assocs. v. Jaynes Corp., 2015 U.S. Dist. LEXIS 18220 (D. Nev. Feb. 13, 2015) This action arose out of the construction of additions to existing buildings at Creech Air Force Base in Indian Springs, Nevada (the “Project”).  The United … Continue reading

Posted in Contract Disputes Act, Miller Act, Payment bond, Payment dispute

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

Federal District Court for DC Rejects Subcontractor’s Pass-Through of General Contractor’s Claim to Sub-Subcontractor

Window Specialists, Inc. v. Forney Enterprises, Inc., 2014 U.S. Dist. LEXIS 2014 U.S. Dist. LEXIS 34702 (D.D.C. March 18, 2014) This dispute arises out of a construction contract to repair property at Fort McNair in Washington, D.C.  The Army contracted with … Continue reading

Posted in Breach of Contract, General Contractor, Payment bond, Subcontract | Tagged , , ,