| Texas District Court Allows Transfer of Miller Act Case, Rejecting Texas Statue and Miller Act Venue Provisions |
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April 28, 2008 Link
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In Concrete Formwork & Accessories, Inc. v. The Ross Group Construction Corp., et al, 2007 U.S. Dist. Lexis 78520 (W.D. Tex. October 23, 2007), the trial court was presented with a motion to transfer venue for a Miller Act claim. The court granted the motion to change venue. Submitted by Dave Olson.
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| Surety Not Liable for Fringe Benefits Since Funds Do Not Qualify as Claimant Under Bond |
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April 21, 2008 Link
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In Trustees of the Sheet Metal Workers Local Union No. 17 Insurance Annuity Funds, et al. v. United States Fire Insurance Company, 2007 Mass. Super. Lexis 346 (Mass., August 28, 2007), trustees of various sheet metal union benefit funds, sued the surety on a payment bond for a private project. The trustees sought to recover unpaid union benefit contributions which allegedly were owed by a sub-subcontractor under the terms of a collective bargaining agreement. The surety’s Motion for Summary Judgment was granted. Submitted by Dave Olson.
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| Performance Bond or Contractor's Registration Bond |
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April 21, 2008 Link
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It is important for participants in the construction industry, both owners and contractors, to understand the difference between these distinct types of bonds. A “performance bond” is a three party agreement whereby a bonding company (“surety”) agrees on behalf of the contractor (“principal”) to be bound to the obligee (“owner”) to ensure the performance of the work undertaken under the construction agreement. Submitted by Lisa Coulter
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| Supreme Court of Appeals of West Virginia Decides Materialman/Subcontractor Status Under Surety Bond |
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April 14, 2008 Link
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In an opinion issued on November 9, 2007, the Supreme Court of Appeals of West Virginia rendered a decision to a certified question from the United States District Court for the Northern District of West Virginia. Submitted by Dave Olson
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| Building Information Modeling (BIM) Addendum |
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April 14, 2008 Link
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The Daily Commercial News and Construction Record reports that "The Associated General Contractors of America (AGC) announced on March 13 that they have approved the addition of a BIM-related contract document... Submitted by Chris Dutton.
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| Three Bills of Interest to Kentucky Contractors |
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April 8, 2008 Link
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As the Kentucky legislative session draws to a close, it appears that three new Kentucky laws will offer certain new protections for the Kentucky construction industry. Previously, contractors had no real means of monitoring a subcontractor’s worker’s compensation coverage. One new law now requires that the Kentucky Dept. of Workers’ claims notify all policy holders, including a general contractor, when a subcontractor’s workers compensation policy expires, or is terminated or cancelled. Submitted by Denise McClelland.
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| Top 10 Construction Songs |
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April 8, 2008 Link
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Laying up masonry in the winter. Digging trenches in the rain. Installing a roof in the worst heat of summer. Construction isn't easy but those in the industry find ways to get the job done. In honor of that work, and for a little bit of fun, we compiled a list of ten songs that we think represent this work ethic: Submitted by John Higgins.
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| Conflicting Views of Ohio Statute Re: Forum Selection Clause in Construction Contracts |
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April 1, 2008 Link
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In 1998, the Ohio Legislature made certain changes to Ohio laws governing construction projects. One of those changes was contained in Ohio Revised Code § 4113.62 (D). Under this statute, the Legislature provides that certain provisions of construction contracts are void and unenforceable since they violate public policy. Submitted by Dave Olson.
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| ConsensusDOCS Friendly to Subcontractors |
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April 1, 2008 Link
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In September (2007), a broad-based group of prime contractors, subcontractors, public and private owners, sureties, and other industry organizations jointly released a new family of model contract documents called ConsensusDOCS. ConsensusDOCS include a new model subcontract form, ConsensusDOCS 750. Submitted by Scott Gurney.
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