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Old 10-10-2012, 09:03 AM   #1
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Battle Speed!!

Well, we're now in full-on battle mode with these asshats down at the AFB. It looks like GovCo is going to whistle and look the other way about the non-existing performance and payment bonds, leaving me to twist in the wind. We laid claim against teh estate of the now defunct bonding company through the liquidator assigned by the State of Pennsylvania insurance commissioner, but the best one can hope for is a penny or so on the dollar and a lot of heartache and legal bills.

My new mode of attack is to file a breach of contract lawsuit. I found out that the bonding agent [the guy who sold the bond as an agent, not the bonding company itself] does have a duty to notify all holders of their bonds when and if there is a default, however they failed in that duty on this job, and the USACE had no idea they were working uncovered.

Our suit will charge breach of professional responsibility through a lie of omission and breach of professional ethic because they did not notify those who files labor and materialmans notice to owner documents. While they have a legal duty to inform the Owner [USACE and USAF] there is only a peripheral ethical duty to notify those who would actually be covered by the bond [Me]. Our legal eagle assures me that case law precedents defines a clear obligation to notify "all affected parties" to include first tier sub-contractors to the Bond Obligee.

We'll see, but lately hte courts have been siding more often with the aggrieved contractors over the deeper pockets of insurance companies and bonding groups.

Cross your fingers for me.....
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Old 10-10-2012, 09:16 AM   #2
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Does the bonding agent have the pockets to make you whole?
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Old 10-10-2012, 09:27 AM   #3
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No, but they have professional insurance that can. These guys have to have a policy called 'Errors and Omissions' insurance, which covers them if they make a mistake or leave something [costly] out of important correspondence or policies.
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Old 10-10-2012, 09:33 AM   #4
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Well, in that case, let justice be done.
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