Construction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Claims Amid Differing State Standards
Recording of a 90-minute CLE webinar with Q&A
This CLE course will instruct construction counsel how to bring or defend bad faith claims regarding performance and payment bonds in the construction arena. The program will discuss extra-contractual theories of liability that have been accepted and rejected by courts and provide perspectives of both construction owners and sureties.
Outline
- Evolution of bad faith claims against construction payment and performance bond sureties
- Fundamental differences between insurance and suretyship
- Statutory vs. common law bad faith claims against sureties
- Bad faith claims and the Miller Act
- Jurisdictions finding bad faith claims applicable to sureties
- Jurisdictions finding bad faith claims inapplicable to sureties
Benefits
The panel will review these and other key issues:
- What arguments have been accepted by courts finding that bad faith claims may be brought against construction payment and performance bond sureties?
- What arguments have been rejected by courts regarding bad faith claims against construction payment and performance bond sureties?
- What case law exists regarding bad faith claims for performance bonds under the Miller Act or state counterparts?
Faculty
Patrick R. Kingsley
Chair, Construction
Stradley Ronon Stevens & Young
As Chair of the firm’s Construction Group, Mr. Kingsley handles a wide variety of complex commercial disputes,... | Read More
As Chair of the firm’s Construction Group, Mr. Kingsley handles a wide variety of complex commercial disputes, focusing much of his practice on construction and surety litigation. He represents owners, contractors, subcontractors, design professionals, sureties and building product suppliers in construction disputes involving claims for delay, unforeseen site conditions, poor workmanship, design errors, performance bond claims, and payment bond claims, among others. Mr. Kingsley also serves as an adjunct professor at Rutgers University School of Law.
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Marc A. Sanchez
Partner
Frantz Ward
Mr. Sanchez focuses his practice on construction law. He has tried cases to juries and the bench throughout the... | Read More
Mr. Sanchez focuses his practice on construction law. He has tried cases to juries and the bench throughout the U.S. and has also successfully argued appeals in both state and federal courts. In addition, Mr. Sanchez has arbitrated many construction disputes ranging in value from $500,000 to $32 million. He counsels clients regarding claim avoidance, claim prosecution, and risk allocation as well as surety and insurance issues. Mr. Sanchez is a frequent lecturer and has authored numerous publications on insurance and construction issues.
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