Enforcing The Surety’s Rights To The Defaulting Principal’s Contract Funds On Federal Projects: A Step-By-Step Guide to Navigating the FAR
The Miller Act, 40 U.S.C. §§ 3131- 3134, requires a contractor (“Principal”) on a federal project to post two bonds: a performance bond and a labor and material payment bond to guarantee completion of the construction according to the plans and specifications in the contract and payment of laborers, subcontractors, and material suppliers. The Miller...
WASHINGTON/OREGON DOCTRINE OF EQUITABLE SUBROGATION: ARE INDEMNITY AGREEMENTS NECESSARY?
Surety Law Update Spring 2018 In recent years, some sureties have waived the need for a signed indemnity agreement usually for smaller, commercial bond accounts. This decision usually is based on underwriting and business considerations designed to make the bonding process easier for the producing agent. This article briefly discusses considerations of this industry movement...
WASHINGTON COURT OF APPEALS DISMISSES OREGON CONTRACTOR’S LAWSUIT FOR FAILURE TO SUBSTANTIALLY COMPLY WITH CONTRACTOR REGISTRATION REQUIREMENTS
Surety Law Update Spring 2018 In a recent unpublished opinion, in HNS, Inc., v. Eagle Rock Quarry, No. 34695-1-III, 2018 WL 1617071, (Wash. Ct. App. Apr. 3, 2018), Division Three of the Washington Court of Appeals dismissed an Oregon contractor’s lawsuit against a Washington contractor, and its license bond, because the Oregon contractor failed to...
Williams Kastner Announces 2018 New Members
December 29, 2017 ─ Williams Kastner is pleased to announce that three new Members will be admitted to the firm, effective January 1, 2018. Earning a place in Williams Kastner’s 2018 Member class are: Jessica L. McConnell (Portland), Meredith E. Dishaw (Seattle), and Paul K. Friedrich (Seattle). “We are delighted to welcome these talented individuals to...
Washington’s New Uniform Power of Attorney Act: Surety Underwriters Beware
Surety Law Update Winter 2017 A power of attorney is an incredibly powerful document that permits an individual (the “principal”) to appoint someone (the “agent” or “attorney-in-fact”) to act on the principal’s behalf. In the context of the surety-principal/indemnitor relationship, sureties rely heavily on power of attorney clauses included in general indemnity agreements (“GIA”) in...
Washington State Court of Appeals Misstates Basic Surety Law Involving Release of Lien Bond Claim
Surety Law Update Summer 2017 Washington’s Release of Lien Bond statute, RCW 60.04.161, allows a property owner or contractor to “release” real property from a construction lien, prior to the lien claim being resolved, by issuing a release of lien bond. Recording the bond does not destroy the lien entirely, but instead transfers the lien...
Washington State Legislative Alert: 2017 Regular Session
Surety Law Update Spring 2017 On January 17, 2017, the Senate introduced Bill No. 5222 for referral to the Committee on Commerce, Labor & Sports for consideration. Senate Bill 5222 proposes changes to Washington’s retainage statute, RCW 60.28.011(6), which would require a contractor on a public improvement project, at the request of a subcontractor, to...
Williams Kastner assists surety in defeating indemnitor’s bad faith and CPA counterclaims.
Surety Law Update Summer 2016 Williams Kastner’s Construction Litigation & Surety Practices Team is proud to announce that it recently assisted one its surety clients in defeating what is believed to be one of the largest extra-contractual claims ever asserted by an indemnitor against a surety in the State of Washington. Please click here to...
Williams Kastner Adds Surety and Construction Attorneys
April 12, 2016 (Seattle, WA) – Williams Kastner is pleased to announce the addition of three highly-regarded local attorneys led by Alexander A. Friedrich and Jeff H. Yusen, founding partners of Yusen & Friedrich. Alexander A. Friedrich, Jeff H. Yusen, and Paul Friedrich agreed to join the firm on April 11, 2016 and will begin...