[RPPTL-constructionlaw] Construction Law Committee - Thanksgiving News Flash

[Arnold D. Tritt, Jr.]

Gang:  See below an email from Ed Kinberg in regards to a recent
decision as to Miller Act claims.  It's really great when our members
share such information.  Happy Turkey Day to you and yours.    Arnie.

 

 

 

From: Ed Kinberg [mailto:ejk at kblegal.com] 
Sent: Wednesday, November 21, 2012 11:23 AM
To: Arnold D. Tritt, Jr.
Subject: Construction Law Committee

 

The link below is to a decision issued by the United States Court of
Appeals for the Fifth Circuit issued earlier this week which ruled that
venue provisions of federal law override required venue clauses in a
contract.  To me this is a particularly interesting case as it as
vigorous concurring opinion that reads more like a dissent and
recommends the decision be appealed to the Supreme Court based on a
split in the district with the majority of circuits deciding the same
way as the Fifth. 

 

Given the significance of this issue for all who work with the Miller
Act, I strongly recommend you review the case.  The case is: In Re
Atlantic Marine Construction Inc. No. 12-508825, United States Court of
Appeals Fifth Circuit Court of Appeals
<http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-50826-CV0.wpd.pdf> 

 

The concurring opinion/dissent starts on Page 12.

 

Have a great Thanksgiving.

 

Ed

Ed Kinberg


Fellow, National Contract Management Association


Board Certified, Construction Law Attorney


 

Government Contract Law, Construction Law, and Business Law

 



Attorneys At Law

1290 W. Eau Gallie Boulevard

Melbourne, FL   32935

Tel. (321) 259-1910

Fax (321) 259-1996

www.kblegal.com

 

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