Subcontractor Rights

62 Florida cases classified under this topic · sorted by citation count · browse and sort

• The Bared & Co., Inc. v. Landis & GYR Powers, Inc.
  650 So. 2d 633· Fla. 3d DCA· 1995-01-25
  This appeal concerns whether Florida Statute section 255.071(4), enacted to provide remedies for subcontractors on government projects to recover unpaid amounts, applies retroactively to contracts entered into before the statute's effective date. The court held that the statute a
• The Hardaway Co. v. United States Army Corps OF Eng'rs
  980 F.2d 1415· 11th Cir.· 1993-01-13
  A subcontractor on a government construction project sought recovery under the Federal Tort Claims Act for unpaid work, alleging the Army Corps of Engineers negligently failed to investigate the financial worth of the contractor's payment bond sureties. The Eleventh Circuit affir
• James A. Cummings, Inc. v. Young
  589 So. 2d 950· Fla. 3d DCA· 1991-10-29
  In this mechanics lien foreclosure case, the appellate court affirmed in part, reversed in part, and remanded in part, addressing disputes between a general contractor and subcontractor over allegedly incomplete work. The court held that while an architect's binding interpretatio
• Rure Assocs., Inc. v. DiNARDI Constr. Corp.
  917 F.2d 1332· 2d Cir.· 1990-11-05
  A mechanic's lien claim against a school district is not subject to the notice of claim requirements of N.Y. Education Law § 3813, and the time to file such a lien runs from the completion and acceptance of the work, not the contractor's termination. Claims against a payment bond
• Dynamic Heating & Pumping Co. v. Ins. Co. OF N. Am.
  912 F.2d 123· 6th Cir.· 1990-08-22
  The court held that the construction project was undertaken on behalf of the University of Michigan, which is not a 'governmental unit' under the bonding act, and therefore the act did not apply to the project.
• McQUEEN Contracting, Inc. v. Fid. & Deposit Co. OF Md.
  863 F.2d 1216· 5th Cir.· 1989-01-26
  Recovery under a performance bond is limited to its terms when a separate payment bond is simultaneously executed, and the payment bond supplants statutory 'additional obligations' imposed on performance bonds.
• United States Ex Rel. N.U., Inc. v. Gulf Ins.
  650 F. Supp. 557· S.D. Fla.· 1986-12-15
  A subcontractor is generally not bound by a disputes clause incorporated by reference into its subcontract unless expressly made applicable and waiving the Miller Act remedy.
• Demetree Builders, Inc. v. Powers
  335 So. 2d 350· Fla. 2d DCA· 1976-07-23
  A masonry subcontractor's lien claim against a contractor's bond was affirmed for $8,130.38 in completed work, but the award of attorney's fees was reversed for lack of stipulation and testimony, and interest was remanded for recalculation from the correct date.
• United States v. C. J. Elec. Contractors, Inc.
  535 F.2d 1326· 1st Cir.· 1976-05-13
  The court held that Capitol should be allowed to file a supplemental pleading to bring its Miller Act claim into compliance, even if the original suit was premature.
• Thompson v. Commissioner OF Internal Revenue
  489 F.2d 288· 4th Cir.· 1974-01-09
  The court held that settlement payments made to the taxpayer did not accrue in 1953 or 1954 because the right to receive the income and its amount were not fixed with reasonable accuracy until 1956.
• Marmet Corp. v. Frank Briscoe Co.
  382 F.2d 906· 6th Cir.· 1967-09-18
  The court held that the trial court erred in dismissing the subcontractor's claim for damages, as a factual issue regarding the contractor's improper termination of the contract warranted a trial on the merits.