News

In South End Construction, Inc. v. Tom Brunton Masonry, Inc., 2013 WL 792779 (W.D.Va. Feb. 25, 2013) (Civil Action No. 7:12-cv-390), the U.S. District Court for the Western District of Virginia examined whether a subcontractor could bring a separate… Read More

The federal Miller Act, 40 U.S.C. §§ 3131-3134, requires a second tier subcontractor (a subcontractor or supplier with no direct relationship with the prime contractor) who wants to file suit on a payment bond in connection with a federal construct… Read More

A recent ruling by the Fourth Circuit considered an important issue for sureties, their principals, and claimants on construction projects regarding the enforceability of arbitration clauses against the surety. In Great American Insurance Co. v. Hin… Read More

Over the last few years, government contracting practitioners have noted an increase in the federal Government’s efforts to combat contractor fraud. At the Court of Federal Claims (COFC) Judicial Conference earlier this month, several practitioners… Read More

In its recent opinion in Road & Highway Builders, LLC v. North Nev. Rebar, Inc., 284 P.3d 377 (Nev. Aug. 9, 2012), the Nevada Supreme Court considered whether a subcontractor had a valid claim for fraud in the inducement, allowing it to recover… Read More

BMc’s client, International Fidelity, recently obtained summary judgment against the Western Virginia Water Authority for contract retainage improperly disbursed to its principal during the course of the project. Lauren P. McLaughlin, counsel of re… Read More

Unlike private construction contracts, in which a contractor’s recovery of attorney’s fees is typically limited to those incurred in litigation, a contractor on a federal government project may be able to recover legal fees incurred in preparing,… Read More

Last month, the U.S. Court of Federal Claims took up an issue not previously decided by the Federal Circuit – whether the Court of Federal Claims has authority to issue injunctive relief to revise a federal contractor’s “unsatisfactory” ratin… Read More