News & Analysis as of

Construction Industry Surety Bonds

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more

Baker Donelson

Louisiana Legislature Grants Sureties the Right to Raise Contractor Defenses, Including "Pay-If-Paid"

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Governor Landry recently signed into law two legislative acts that should allow Private Works Act and Public Works Act payment bond sureties to rely on defenses available to their general contractor principals in defense of...more

Bradley Arant Boult Cummings LLP

Employee Stock Ownership Plans for Construction Companies: Part 2

Following up on our first blog post about employee stock ownership plans (ESOPs) for construction companies, this post addresses surety bond requirements as well as the way in which ESOPs can incentivize employees and...more

Davis Wright Tremaine LLP

Building in 2024: Recent Oregon Legislative Changes Impacting the Construction Industry

As 2023 comes to a close, it is the perfect time to look back and review recent Oregon legislative changes that will impact the construction industry in the coming year. The 82nd Session of the Oregon Legislature...more

Vinson & Elkins LLP

Bond Calls: The Essential Cocktail of Considerations – Provided Shaken, Not Stirred

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Bond markets have been in upheaval recently, with knock-on impacts on decisions on whether to make or defend calls on performance security on construction projects. In the first quarter of this year, we saw the continued...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 6, 2022

Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) - In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more

Woodruff Sawyer

It’s Either Here or Looming: How a Recession Could Impact Your Surety Program

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COVID-19 brought uncertainty to the construction and surety industries. Surprisingly and fortunately, both industries have proven resilient in the face of unknowns brought about by the pandemic. Now it’s time to plan for...more

Tonkon Torp LLP

To Bond or Not to Bond Private Construction Jobs

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When representing clients in negotiating and drafting construction agreements for private construction work, I am often asked: Should we require the contractor to provide a bond? This question doesn’t arise on public works...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Insurance and Bonds - October 7th, 12:00 pm - 12:50 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Insurance and Bonds - October 8th, 12:00 pm - 12:50 pm EST

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Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Williams Mullen

Pay-if-Paid Clauses: A Surety’s Defense for Payment Bond Claims?

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A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project...more

Bradley Arant Boult Cummings LLP

Creative Legislative Solutions To Bond Off Mechanic’s Liens

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more

Hahn Loeser & Parks LLP

Ohio Court of Appeals Confirms Applicability of Statute of Repose to Contract Claims and Sureties

This decision is a major victory for Ohio contractors and their sureties. The Fifth District Court of Appeals of Ohio issued a recent decision confirming that Ohio’s construction statute of repose, R.C. 2305.131, applies to...more

Womble Bond Dickinson

South Carolina Surety Law Update

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Sureties may be bound by mandatory arbitration provision in a principal’s contract per a recent ruling by the U.S. District Court for the District of South Carolina. Surety claim representatives must frequently decide...more

Troutman Pepper

When Surety Bond Incorporates the Subcontract by Reference, Is the Subcontract’s Arbitration Clause Also Incorporated? Federal...

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Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 111021 (D.S.C. July 18, 2017); Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 135948 (D. Kan. Aug. 24, 2017) - ...more

Stoel Rives LLP

Washington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to Sureties

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On July 6, 2017, the Washington Supreme Court confirmed that the equitable rule announced in Olympic Steamship—providing for attorney fees where the insurer compels the insured to take legal action—applies to performance bond...more

Troutman Pepper

Federal Court in Nebraska Denies Surety’s Request for Preliminary Injunction Requiring Principal to Post Collateral Security,...

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Allied World Specialty Ins. Co. v. Abat Lerew Constr., 2017 U.S. Dist. LEXIS 61794 (D. Neb. Apr. 24, 2017) - Abat Lerew Construction (“ALC”) entered into multiple construction projects which required it to obtain surety...more

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