Legal and Regulatory

Contractor’s Defense of Premature Miller Act Payment Bond Claims

On federal projects, subcontractors can make a payment bond claim if the contractor fails to pay them. However, a contractor’s surety cannot rely on a conditional payment clause to defend against the claim.
By James McLaughlin and Brian A. Wolf
October 16, 2021
Topics
Legal and Regulatory
by James McLaughlin
James McLaughlin concentrates his practice in the areas of Construction Law and litigation. He is in the Fort Lauderdale, Florida office of Smith, Currie & Hancock LLP.
by Brian A. Wolf
Brian A. Wolf is a partner in the Fort Lauderdale, Florida, office of Smith, Currie & Hancock LLP. Wolf is Board Certified in Construction Law by the Florida Bar and AV® Peer Review Rated by Martindale-Hubbell. He can be reached at bawolf@smithcurrie.com. Learn more: www.smithcurrie.com.

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