On March 12, 2014, Tom Selden and Matt Keenan, representing a surety that issued payment bonds on behalf of a subcontractor on various construction projects, received a favorable verdict in an action brought by a sub-subcontractor against the subcontractor and surety. Both the subcontractor and the surety maintained that the sub-subcontractor owed the subcontractor amounts over and above what was claimed by the sub-subcontractor on the projects and asserted various offset defenses. The sub-subcontractor contended that offset defenses were not available under applicable law. The Judge disagreed and instructed the jury accordingly. Following deliberations, the jury found against the sub-subcontractor on its claims against the subcontractor and the surety.
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