Schedule a Consultation Have you ever worked on a public construction project for the federal government? How about a public construction project for the State of New York or even a local municipality? If so, then you may know that you cannot file … Continue reading
Category Archives: Surety
Surety’s Liability Limited to Face Amount of Discharge Bond
In Casa Redimix Concrete Corp. v. Cosner Construction Corp. the Appellate Division, First Department, looked at a case where the trial court awarded judgment in favor of hte plaintiff subcontractor and against the defendant general contractor and the surety that … Continue reading
Court doesn’t buy trust diversion claim: orders surety liable for damages for failure to perform under performance bond
In Mount Vernon City School District v. Nova Casualty Company, recently decided by the Appellate Division, Second Department, a school district hired an HVAC contractor to perform certain construction. As part of the contract, the HVAC contractor obtained a performance bond … Continue reading
Release of Surety on Bid Bonds
A surety is no longer liable on a bid bond obligation once the contractor fulfills its obligations under the bid bond. This may occur when the selected bidder enters into a contract with the property owner, when a contract is … Continue reading
Mechanic’s Lien Discharge Bonds
Liens against property or public funds may be removed by a discharge of the lien. One method to discharge a ny mechanic’s lien is by discharging through a bond or deposit. N.Y. Lien Law §19. To discharge a mechanic’s lien … Continue reading