Supplier Recovers “Time-Price Differential” from Payment Bond

An unpaid material supplier could recover a “time-price differential” and attorney fees from a public works payment bond. Both charges were authorized in the agreement between the supplier and a subcontractor on the public works project. Two judges differed regarding the meaning of “the sum justly due” the supplier for the materials it furnished to the project.

The Construction Claims Advisor summary of this case is available to ConstructionPro Network members and includes:

•  The citation for the case (case name, case number, and date filed)
•  An overview of the case
•  Background information about the case
•  A summary of the ruling
•  A summary of the court’s conclusion and the resulting outcome
•  Editor's commentary
•  A link to the complete PDF copy of the original opinion