Houston Harbaugh, P.C.
Houston Harbaugh, P.C.

Three Gateway Center
401 Liberty Ave.
22nd Floor
Pittsburgh, PA 15222-1005

Phone: 412-281-5060
Fax: 412-281-4499
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Posts tagged "Bond"

Safe Harbor Provision of Procurement Code May Not Protect Surety, Depending on Bond Language

In an opinion dated July 11, 2013, The Pennsylvania Commonwealth Court affirmed a lower court ruling finding that a surety may waive its protections under the Safe Harbor Provision of the Procurement Code language in its form Surety Bond. In Berks Products Corp. v. Arch Ins. Co., No 1457 C.D. 2012, Judge Patricia McCullough of the Pennsylvania Commonwealth Court upheld a finding that Arch Insurance remained liable to a materialman on a public project, even though the general contractor had paid its subcontractors in full.Jeff web photo.jpg