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No Setoff Between Bonded and Non-Bonded Projects

English: Alexandria, Virginia U.S. Custom House and Post Office (1900) Completed in 1858. (Photo credit: Wikipedia) As any reader of Construction Law Musings knows, payment bond claims are a big part...

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Reminder: Don’t Let Holiday Cheer Blow Your Deadlines

As we enter the month of December, thoughts of the holidays start to enter our heads.  Holiday music, shopping, smiles and a warm fire tend to take one’s thoughts away from business and toward family....

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Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due.  However,...

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Reminder: Pay if Paid Not All Encompassing (but Could it be?)

Originally posted 2011-11-04 09:00:46. Image via Wikipedia On numerous occasions, I have discussed the need to be careful with so called “pay if paid” clauses in construction contracts.  While such...

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No Miller Act Setoff for Non-Federal Claims

Originally posted 2015-04-21 10:03:29. Musings is back! And a great case for subcontractors on federal projects came out of the U. S. District Court for the Eastern District of Virginia last month. The...

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Keep Your Construction Claims Alive in Crazy Economic Times

Coronavirus is dominating the news.  Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19.  The number of cases seem to...

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Don’t Let Receivership Kill Your Miller Act Claim

Originally posted 2013-01-01 10:00:19. Naval Air Station Oceana (Photo credit: Wikipedia) In this economy, even the companies that provide bonding for construction companies may have financial...

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Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Originally posted 2014-10-13 09:15:01. Map of the United States District Courts in Virginia (Photo credit: Wikipedia) I have discussed both payment bond claims under the Miller Act and alternate...

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Some Work Cannot be Included in a Miller Act Claim

The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its...

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Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia.  Last week I discussed what sort of work can form the basis for a Miller...

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