14 results for 'nos:"Miller Act - Contract"'.
J. Morgan denies a subcontractor’s request to submit to arbitration its Miller Act claims against an insurer for a general contractor. The insurer is a non-signatory to the government project contract from which the subcontractor alleges it is owed in excess of $1.5 million for materials supplied and work done. The subcontractor’s Miller Act claims will not be submitted to arbitration because there is “no contractual or equitable basis to do so.”
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 30, 2024, Case #: 2:24cv868, NOS: Miller Act - Contract, Categories: Arbitration, Construction, Government
J. Maddox denies, in part, a general contractor and its insurer’s motion to dismiss in this subcontract dispute brought by a subcontractor. The subcontractor alleges Maryland Prompt Payment Act violations after not receiving prompt payment, and further brings claims for breach of subcontract, quantum meruit, unjust enrichment and Miller Act violations over HVAC and plumbing work performed. The general contractor alleges that the MPPA choice-of-law provision of the subcontract bars the payment from being recovered, but it was determined that the act applies to implied-in-fact contract because it was governed in Virginia. The provision is enforceable, the implied-in-fact contract provision is sustained and all other claims are to continue.
Court: USDC Maryland, Judge: Maddox, Filed On: June 26, 2024, Case #: 8:23cv1118, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: Fraud, Government, Contract
J. Navarro grants the subcontractor's motion for partial summary judgment. The construction company alleges the subcontractor abandoned its contract to construct a temporary phasing facility for the company's renovation of the Air Force base hospital, requiring it to add a second phasing facility. The company's use of the second facility was not reasonably contemplated by the parties at the time of the contract. The use of the second facility does not reasonably arise from the breach itself, as it deviated from what the subcontractor was obligated to provide.
Court: USDC Nevada, Judge: Navarro , Filed On: March 21, 2024, Case #: 2:20cv790, NOS: Miller Act - Contract, Categories: Construction, Contract
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J. Boardman denies a subcontractor’s motion to dismiss a surety’s third-party complaint in this Miller Act claim for contractual indemnification as unripe. Under the indemnification agreement liability cannot be transferred to subcontractor to enforce the Miller Act and the prevention doctrine is considered a non sequitur. The court cannot determine at this stage if the claims in fact are covered by the indemnification agreements.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Indemnification, Contract
J. Boardman grants a general contractor’s motion to dismiss a subcontractor’s counterclaim in this Miller Act dispute claiming a breach of subcontract for not paying under the agreement. The general contractor alleges damages for delay, base contract work and change in work per the contract. The subcontractor fails to prove or allege that the contract was satisfied. The subcontractor fails to offer any request or a proper memorandum to support their motion. Therefore, the motion to dismiss the general contractor’s crossclaims is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Brown denies requests by a general contractor and its surety to dismiss a subcontractor’s Miller Act claim totaling $1.1 million for work allegedly performed on a federal construction project in New Orleans on grounds the subcontractor’s claims are subject to arbitration. Citing Fifth Circuit precedent, the ruling rejects dismissal of the federal suit as both inimical to the law giving a subcontractor the right to sue a surety issuing a bond to a general contractor and as a hindrance to litigants from arbitrating their disputes. Therefore, the subcontractor’s federal Miller Act claims against the surety are stayed, pending arbitration of the subcontractor’s state law claims against the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: December 1, 2023, Case #: 2:23cv2119, NOS: Miller Act - Contract, Categories: Arbitration, Construction, Contract
J. Lawson partially rules in favor of the insurer in a breach of contract action brought by a subcontractor arising from a military construction project. Although the subcontractor satisfied the notice requirements under a subcontractor payment bond, questions of fact remain as to the terms of the contract between the subcontractor and the company. The company's motion for summary judgment is denied because genuine issues of fact exist as to the terms of a purchase order agreement and whether the parties had an additional, oral profit-sharing agreement.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 13, 2023, Case #: 7:21cv79, NOS: Miller Act - Contract, Categories: Insurance, Contract
J. DeGiusti enters an agreed protective order in this Miller Act case, "governing confidential and private material" produced during discovery. The order covers commercially sensitive information, as well as proprietary information, trade secrets and documents containing personally identifiable information.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 3, 2023, Case #: 5:22cv719, NOS: Miller Act - Contract, Categories: Civil Procedure, Discovery