United States ex rel. Benefit of Walton Technology, Inc. v. Weststar Engineering, Inc.
290 F.3d 1199 | Court of Appeals for the Ninth Circuit | 2002
Holding Summary
A 'pay when and if paid' clause in a subcontract does not constitute a valid waiver of Miller Act rights absent a clear and explicit waiver, and a surety cannot avoid liability on a Miller Act payment bond based on such an unsatisfied clause.
Pay when and if paid clause does not constitute clear and explicit waiver of Miller Act rights.
Related Cases
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
Forum-selection clauses in federal contracts are enforced through §1404(a) transfer motions, not §1406(a) dismissals, and must be given controlling weight except in exceptional circumstances.
Texas Natural Resource Conservation Commission v. IT-Davy
Sovereign immunity bars a contractor's breach-of-contract suit against a state agency absent express legislative consent; neither the agency's conduct, contract terms, nor general statutes waive immunity from suit.
Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid Transit
A contractor must exhaust administrative remedies established by a regional transportation authority before pursuing breach of contract claims in court, even when the authority lacks governmental immunity from suit.
General Services Commission v. Little-Tex Insulation Co.
The State does not waive sovereign immunity from breach-of-contract suits by accepting contract benefits; Chapter 2260's administrative procedure is the exclusive remedy for such claims.
Green International, Inc. v. Solis
No-damages-for-delay clauses in construction contracts need not meet the conspicuousness requirement established in Dresser for exculpatory negligence clauses, and such clauses are enforceable to bar delay damages absent specific exceptions.
Moncharsh v. Heily & Blase
An arbitrator's decision is generally not reviewable for errors of fact or law, with limited exceptions for fraud, corruption, exceeding powers, or procedural unfairness.