Contractor's Fraudulent Concealment Imputed to Surety

The claim period stipulated in a payment bond was tolled, or extended, by the contractor/principal’s alleged fraudulent concealment of off-payroll compensation. The doctrine of fraudulent concealment could be applied against the surety even though the surety had no knowledge of or involvement with the alleged fraudulent activity.

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