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.

Related stories

Legal and Regulatory
Supreme Court's Course Correction on NEPA Already Steering Decisions in Infrastructure Development Cases Cover Art

Supreme Court's Course Correction on NEPA Already Steering Decisions in Infrastructure Development Cases

By David Ayliffe
How a Colorado court case could set a precedent for minimizing legal infrastructure hurdles.
Legal and Regulatory
Navigating Disruption to Construction Projects Flowing From the America First Trade Policy Cover Art

Navigating Disruption to Construction Projects Flowing From the America First Trade Policy

By Meagan T. Bachman
Months later, how is Trump's America First Trade Policy affecting the construction industry? Many companies still aren't quite sure.
Legal and Regulatory
Numbers Don't Lie: Accounting Leaders Weigh In on State of 2025 Construction Finance Cover Art

Numbers Don't Lie: Accounting Leaders Weigh In on State of 2025 Construction Finance

By David McMillin
But they don’t automatically tell easy truths, either. Leaders from some of the best accounting firms weigh in on how to navigate an environment in which evolving tariffs, rising costs and new tax legislation are creating financial complexities.

Follow us




Subscribe to Our Newsletter

Stay in the know with the latest industry news, technology and our weekly features. Get early access to any CE events and webinars.