Blog Post
11/19/2018
By Sunu M. Pillai

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the bonding provisions were not part of the contract. C.A. No. 2017-2254, 2018 WL 5780251 (Fed. Cir. Nov.

Blog Post
08/23/2018
By Gregory M. Boucher

The United States Court of Appeals for the Eighth Circuit recently upheld an Eastern District of Arkansas decision (applying Missouri Law) ruling that a general contractor’s threats to a subcontractor constituted a material breach of their contract.  1See Randy Kinder Excavating, Inc. v. JA Manning Construction, et al., 2018WL3722034 (8th Cir. 2018).  

Blog Post
06/27/2018
By Sunu M. Pillai

A California Corporation, Swinerton Builders, Inc. ("Swinerton"), entered into a Master Services Agreement (MSA) with a West Virginia company, March-Westin Company, Inc. ("March-Westin"), for March-Westin to provide timber products.  Swinerton subsequently issued a work order to March-Westin under the MSA for a project in Colorado and, following a disagreement on schedule and price, rescinded the work order.  March-Westin filed a complaint against Swinerton in the U.S.

Blog Post
06/20/2018
By Gregory M. Boucher

Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms.  Furthermore, a contractor only could recover on a quantum meruit under an equitable argument if the contractor proved good faith performance of work.

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