Subcontractor forfeits right to arbitration by filing demand untimely
Arbitration,Default,Default Termination,Subcontractor issues,Time Limitations on Litigation
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Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking arbitration. Holt, a drywall subcontractor, entered into a contract with Choate, the general contractor, to [...]
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Sureties Walk Fine Line Between Contractor Default and Claim Investigation
Default,Notice Requirements,Performance Bond,Sureties,Termination
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By: Robert J. MacPherson, Esq. Surety bonds are contracts and the rights and obligations of the parties will be determined in accordance with basic principles of contract law. The size of the claims and complexity of the project will not impact the result. That is proven by a recent court decision of the New York [...]
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