Gang: See below an email from Ed Kinberg in regards to a recent decision as to Miller Act claims. It's really great when our members share such information. Happy Turkey Day to you and yours. Arnie. From: Ed Kinberg [mailto:ejk@kblegal.com] Sent: Wednesday, November 21, 2012 11:23 AM To: Arnold D. Tritt, Jr. Subject: Construction Law Committee The link below is to a decision issued by the United States Court of Appeals for the Fifth Circuit issued earlier this week which ruled that venue provisions of federal law override required venue clauses in a contract. To me this is a particularly interesting case as it as vigorous concurring opinion that reads more like a dissent and recommends the decision be appealed to the Supreme Court based on a split in the district with the majority of circuits deciding the same way as the Fifth. Given the significance of this issue for all who work with the Miller Act, I strongly recommend you review the case. The case is: In Re Atlantic Marine Construction Inc. No. 12-508825, United States Court of Appeals Fifth Circuit Court of Appeals <http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-50826-CV0.wpd.pdf> The concurring opinion/dissent starts on Page 12. Have a great Thanksgiving. Ed Ed Kinberg Fellow, National Contract Management Association Board Certified, Construction Law Attorney Government Contract Law, Construction Law, and Business Law Attorneys At Law 1290 W. Eau Gallie Boulevard Melbourne, FL 32935 Tel. (321) 259-1910 Fax (321) 259-1996 www.kblegal.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.