Elements for Subcontractor to Prove Miller Act Payment Bond Claim

As a subcontractor on a federal construction project, it is imperative you know what you need to do to perfect your Miller Act payment bond rights.    A subcontractor must prove the following four elements in a Miller Act payment bond claim:

  1. The subcontractor supplied labor and/or material per its subcontract;
  2. The subcontractor is unpaid for the labor and/or material supplied per its subcontract;
  3. The subcontractor had a good faith belief that the labor and/or material supplied was for purposes of the project (and prime contractor’s scope of work); and
  4. The subcontractor satisfied jurisdictional requirements in bringing the Miller Act payment bond lawsuit.

The  subcontractor’s performance of labor and/or materials will be determined in reference to the subcontract. This includes the subcontractor’s payment for the labor and/or materials performed.

For more information on the Miller Act, please check out my ebook that goes into all aspects of Miller Act payment bond claims.

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