Architect and Engineers Get No Respect from Miller Act

The purpose of the Miller Act is to provide security of payment to those who perform work on a Federal Project, but do not have a direct contract with the owner. The Miller Act requires that a “payment bond” be procured on all Federal Projects, which inures to the benefit of the subcontractors and suppliers. […]

Looney Insurance Case Pays Off

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn’t thinking of insurance coverage law.  But, it appears likely that Looney’s attorneys brushed up on the topic in 2007 before filing suit against Steve Bryan and his affiliated building companies (Bryan) for infringement […]

Are Pay If Paid Clauses Enforceable?

An age old story in construction is as follows: the owner doesn’t pay the contractor, and a subcontractor, who has performed its work diligently and according to its contract, doesn’t get paid either. Most of these situations arise because the subcontract contains “pay when paid” or “pay-if-paid” clauses. These clauses shift the risk of nonpayment […]