Miller Act claimants can recover attorney’s fees if the underlying contract that forms the basis of their payment bond claim provides for attorney’s fees. The law, however, has been silent as to whether a prime contractor and Miller Act payment bond surety can recover their fees if they prevail in defending a Miller Act payment bond claim. Recently, the Eleventh Circuit Court of Appeal found that they can recover their attorney’s fees too if they prevail and the underlying contract forming the basis of the Miller Act payment bond claim provides for fees. This ruling is good news for a prime contractor and Miller Act payment bond surety and means claimants need to recognize that attorney’s fees in a Miller Act claim may cut both ways.
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