Default Termination of Contractor Defective for Failure of Owner to Provide Architect’s Certificate of Good Cause for Termination
Cure Notice,Default Termination,Sureties
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Where City terminated its contractor for cause, the contractor moved for summary judgment arguing that the termination was defective for lack of an architect’s certificate of good cause for termination as required by the applicable AIA A201 contract document. On the project, the city and contractor each accused the other of causing delay. The city [...]
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De Facto Takeover: Are a Surety’s Rights Protected?
Federal Government Contracts,Payment Issues,Sureties,Withholding Payment
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By Michael J. Carrato, Esq. A Miller Act surety needs to be aware of certain notice requirements if it decides to take over performance for its principal on a federal construction contract. Informal or “constructive” notice that a surety intends to take over management of a project may not be enough to protect the surety’s [...]
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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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Miller Act Surety Requirements Amended
Miller Act,Sureties
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Since 1935, performance and payment bonds on federal construction projects have been required by the Miller Act, 40 U.S.C. 270a, et. seq. Other than increases in the contract value for which bonds are required, the Miller Act had not been amended in any substantive aspect until August 17, 1999, when President Clinton signed the Construction [...]
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