Article Date: 04/15/2016

Separate Litigation Did Not Excuse Failure to Furnish Bonds

A contractor’s failure to furnish payment and performance bonds was not excusable. Litigation on a separate project had delayed close-out and impaired the contractor’s bonding capacity. But the contractor was responsible for failing to require bonding from its subcontractor on that project. A default termination of the immediate contract was justified.

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