Sometimes, Being too Cute with Pleading Allegations is Unnecessary

Cute cat lying against teddy bear looking up at camera

Being too darn cute with your pleading allegations is unnecessary and does not work.

June 6, 2018
David Adelstein - Florida Construction Legal Updates

There are times where being too darn cute with your pleading allegations is unnecessary and does not work. But, the point is really that the cuteness is unnecessary.

In a Miller Act payment bond dispute in Boneso Brothers Construction, Inc. v. Sauer, Inc., 2018 WL 2387833 (N.D.Cal. 2018), a claimant asserted claims against a Miller Act payment bond surety for breach of the payment bond, breach of a subcontract, open account, and account stated. The question is why would the claimant sue the payment bond surety for breach of subcontract (when the subcontract was not with the surety), and open account and account stated. I have no clue, other than such claims appeared quite unnecessary when the claimant asserted an action on the Miller Act payment bond (which is what the surety is liable under — actions under the statutory payment bond). Such claims were dismissed. And, they should have been.

Mr. Adelstein may be contacted at dadelstein@gmail.com



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