Arbitration and Miller Act Claim

By -

In U.S. for the use of Postel Erection Group, L.L.C. v. Travelers Casualty and Surety Company of America, Case No. 6:12-cv-182 (M.D. Fla. June 28, 2012) a second-tier subcontractor sued the sureties on the prime contractor’s Miller Act payment bond. The first tier subcontractor was engaged in arbitration with the prime contractor, and the sureties moved to stay the Miller Act suit pending the outcome of the arbitration. The court granted the sureties’ motion based on its inherent power to control its docket and the interests of judicial economy. The court noted that there was a “murky” but close relationship between the first tier subcontractor and the claimant but did not depend on that relationship in granting the motion.  (from RPPTL Surety and Insurance Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278


Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more