Tag Archives: Miller Act

No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond

When a claimant sues a Miller Act payment bond, there is no legitimate reason to sue the payment bond surety for other counts hoping some other count sticks.  This is especially true if the payment bond claim was timely filed … Continue reading

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File Your Miller Act Payment Bond Lawsuit Early…Not Late

If you are working on a federal government construction project as a subcontractor or supplier, you know (hopefully!) about the Miller Act.  You also know (hopefully!) that a prime contractor’s Miller Act payment bond is an avenue to pursue payment … Continue reading

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Miller Act Payment Bond Fundamentals — Ebook

Ebooks are great resources to quickly and efficiently learn about a subject area.  They can provide the nuts and bolts about an issue to give you the high and material points about that issue.   If you are interested in … Continue reading

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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 … Continue reading

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Miller Act Payment Bond Ebook Just for YOU

Are you a federal contractor, subcontractor, sub-subcontractor or supplier?  If so, do you have an understanding of the federal Miller Act, particularly when it comes to preserving and perfecting payment bond rights and defenses?   I wrote an ebook called … Continue reading

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Just because It Says It is a Miller Act Payment Bond Doesn’t Make It so

Just because a payment bond smells like a Miller Act payment bond, walks like a Miller Act payment bond, and talks like a Miller Act payment bond doesn’t actually mean it is a Miller Act payment bond.   What?!?     My sentiments … Continue reading

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Avoiding an Arbitration Provision to Pursue a Payment Bond Claim in Court

Does your subcontract contain a binding arbitration provision as the means to resolving disputes? If so, and you sue the general contractor and payment bond surety in court there is a good chance that the payment bond claim will be … Continue reading

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Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim

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 … Continue reading

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Interested in Learning about Federal Miller Act?

Are you interested in learning more about the federal Miller Act?  In particular, are you interested in learning more about preserving rights under a federal Miller Act payment bond claim?  If so, check out a portion of this presentation I … Continue reading

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Miller Act Payment Bond Surety Cannot Raise Pay-If-Paid / Pay-When-Paid Defense

Most prime contractors include pay-if-paid (or pay-when-paid) language in their subcontract as a means to shift the risk of the owner’s nonpayment to the subcontractor. However, on federal construction projects, the prime contractor furnishes the government with a Miller Act … Continue reading

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