The decision confirms that where a surety enters into a settlement payment with a project owner, the contractor is entitled to setoff that payment against a subsequent judgment obtained against a contractor for the same damages.
Read moreRecently Signed HB 837 ("Tort Reform Bill") Has Impacts on the Construction Industry
While the focus of news coverage has been on personal injury claims, the new law, effective today, impacts attorneys’ fee awards in actions involving payment and performance bonds for construction projects and statutes of limitation for negligence claims.
Read moreCourt Determines Subcontractor Not Entitled to Retainage or Change Orders Due to Failure to Follow Contract and Act Within Deadlines
A recent court decision involving a public construction project for the Miami-Dade County School District confirms that change orders must conform to the terms of the contract to be enforceable and that the deadline to bring claims relating to a public project is one year from completion.
Read moreA Surety Can Rehire the Contractor the Property Owner just Fired
Just because a property owner fires a contractor from a project doesn’t mean the surety can’t hire that contractor to finish the project.
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