If there’s one admonishment I’ve given a lot at this construction law blog, it is to be very careful with mechanic’s liens. This post is not about that. This post is about another major piece of advice that has been set out here at Construction Law Musings, namely, always show up for court and respond to lawsuits.

A recent case out of the Eastern District of Virginia federal court is yet another reminder that you should always, always respond to lawsuits. In Great Midwest Ins. Grp. v. WB Constr. Grp., Inc., the Court was considering a payment bond claim that was partially paid by Great Midwest. As is the case with all suretys, Great Midwest had an indemnity agreement with a principal of WB Construction, Ms. Biggers. The Surety then sued to enforce its general indemnity against Ms. Biggers after neither the indemnitor nor WB Construction repaid the $600,163.10 that the Surety paid out under the payment bond. The Surety then posted service on Ms. Biggers and mailed a copy of the complaint to her address, thus achieving proper service.