Failure to satisfy a condition precedent can result in dismissal of an otherwise valid contractor claim. Finally, there may be the issue of when the claim “accrues” thereby starting the applicable limitations period or notice provision “clock.”
This 7-page document, developed by the Associated General Contractors of America, with input from NASBP and SFAA, provides owners, contractors, subcontractors, and other construction industry stakeholders with a basic understanding of the contract surety claims process. This document is an updated version of a popular document developed by AGC in 2004. This information guide is in a question-and-answer format and provides information on types of contract surety bonds, what obligees should expect in performance default situation, what a claimant should expect in a payment bond claims situation, and many other topics
AGCofAm-ClaimsMay2014.pdf
The purpose of a lis pendens is to put the world on constructive notice that there is a pending claim that could impact or impair the title to property. Mississippi construction liens are required to state in all caps: “THIS CLAIM OF LIEN EXPIRES AND IS VOID ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF A PAYMENT ACTION IS NOT FILED BY THE CLAIMANT WITHIN THAT TIME PERIOD.”
The contracting officer denied the claim, and the contractor appealed. To establish such a claim, a contractor must prove: (1) the conditions indicated in the contract differed materially from those actually encountered during performance; (2) the actual conditions were reasonably unforeseeable to the contractor at the time of bidding; (3) contractor reliance; and (4) damages
By Pete Marino , Andrew Atkins , Casey Vaughn , and Pat Wilson of Smith Anderson Published February 18, 2021 North Carolina Courts have held for decades that general contractors can assert negligence claims directly against design professionals in the absence of a contractual relationship between the contractor and the design professional
Determine if you were impacted Impacts, disruptions, and inefficiencies are often the type of you-know-it-when-you-see-it claims. They are claims that develop over time as small daily or weekly changes and minor delays add up to tangible and materials impacts
Immediately thereafter, Pizzarotti claimed X-treme had stopped work and terminated its subcontract...X-treme asserted counterclaims for underpayment, based upon previously claimed extra work, and damages related to owner delays
The principal alleged the surety overpaid a claim in bad faith, thereby increasing the principal’s indemnity debt wrongfully...However, allowing affirmative bad-faith claims in the surety indemnity context is especially wrongheaded and truly counter-productive.
There are unique challenges to managing PL risks and claims. Specifically, PL coverage requires proactive claim management and project coordination
Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1