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The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen
The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen
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A surety faces potential exposure to a multitude of liabilities under payment and performance bonds issued for state and federally funded bonded projects as well as from the express obligations imposed by private common law performance and payment bonds. This paper, however, focuses only on a surety’s potential exposure for wage and related liabilities.
Under federal law, a surety faces possible liability under a Miller Act Payment Bond to laborers for the bonded principal’s failure to pay wages. Union trusts may also recover against a surety under a Miller Act Payment Bond for the bonded principal’s failure to remit union …