Joseph C. Kovars

Bonds Required on Federal Construction Projects Even if Contract is Silent

The Federal Circuit Court of Appeals very recently issued an important decision in K-Con, Inc. v. Secretary of the Armywhich requires a construction contractor to provide performance and payment bonds, even though the contract does not expressly require it. The Court relied on the Christian Doctrine to incorporate into the contract, as a matter of law, bond requirements from the Federal Miller Act that were not physically written in. (more…)