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Arbitration – Construction Subcontract – Performance & Payment Bonds – Incorporation by Reference – Venue (access required)

Developers Surety & Indemnity Co. v. Carothers Construction, Inc. (Lawyers Weekly No. 002-088-17, 8 pp.) (Richard Mark Gergel, J.) 9:17-cv-01419; D.S.C. Holding: Where (1) the plaintiff-surety’s bonds incorporate its subcontractor-principal’s subcontract by reference, (2) the subcontract includes a broad arbitration clause, and (3) the defendant-contractor’s claims against the surety are for payment against the bonds based ...

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