Tag Archives: payment bond

Eleventh Circuit Holds That the Statute of Limitations on Payment Bond Claim Under Georgia Law Commences at Substantial Completion Rather Than Final Acceptance

Strickland v. Arch Ins. Co., No. 17-10610, 2018 U.S. App. LEXIS 504 (11th Cir. Jan. 9, 2018) Strickland provided sand to a paving company (“Douglas”) for a Georgia Department of Transportation (“GDOT”) road improvement project (the “Project”).  Arch Insurance Company … Continue reading

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Federal Court in Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work of the Federal Government” and Therefore the Court Had No Jurisdiction Over a Subcontractor’s Claim Under the Miller Act, Where the United States Was Not a Contracting Party and the Projects Were Not Constructed on Federal Property

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co.,  2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III, LP (“Mississippi Partners”) to serve as the prime … Continue reading

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Pennsylvania Commonwealth Court Interprets Payment Bond Language to Waive Bond Law “Safe Harbor” Against Double Payment

Berks Products Corp. v. Arch Ins. Co. 72 A.3d 315 (Pa. Commw. Ct. 2013) Note: A petition for allowance of appeal from this decision has been filed with the Pennsylvania Supreme Court, but has not been acted upon as of … Continue reading

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U.S. Court of Appeals for the Fifth Circuit Holds Performance Bond Claim Time Barred – Estoppel Excuse Not Available to City

Hartford Fire Insurance Co. v. City of Mont Belvieu 2010 U.S. App. Lexis 14277 (5th Cir. July 13, 2010) The Court of Appeals for the Fifth Circuit recently held that a Texas City’s bond claim was time barred under the … Continue reading

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Rhode Island Court Holds Incorporated Subcontract Terms Regarding Termination Did Not Vitiate Obligation of Notice to Surety Under AIA A312 Performance Bond

Raito, Inc. v. Cardi Corp. 2010 R.I. Super LEXIS 61 (R.I. Super. April 10, 2010) Cardi contracted with the State of Rhode Island for the construction of a new bridge over the Providence River on Interstate I-95. Cardi subcontracted with … Continue reading

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