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Recent Posts
- Use a Lawyer to Prepare YOUR Construction Lien
- Make the Pre-Suit Settlement Offer before a Lien Foreclosure
- You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond
- No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond
- The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing
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- About Me (David Adelstein)
- Construction Liens
- Contact Me
- Payment Bonds
- Common Law Payment Bonds
- Conditional Payment Bonds – Private Projects (Florida Statute s. 713.245)
- Federal Project Payment Bonds – the Miller Act (40 U.S.C. s. 3131 – 3134)
- Florida Department of Transportation (FDOT) Payment Bonds (Florida Statute s. 337.18)
- Lien Transfer Bond (Fla. Stat. s. 713.24)
- Public Payment Bonds (Florida Statute s. 255.05)
- Unconditional Payment Bond – Private Project (Florida Statute s. 713.23)
- Performance Bonds
- Role of the Surety
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Annual Archive
- Use a Lawyer to Prepare YOUR Construction Lien
- Make the Pre-Suit Settlement Offer before a Lien Foreclosure
- You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond
- No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond
- The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing
- File Your Miller Act Payment Bond Lawsuit Early…Not Late
- Miller Act Payment Bond Fundamentals — Ebook
- Construction Liens Don’t Last Forever!
- Lienor in Direct Privity of Contract with Owner MUST Serve Contractor’s Final Payment Affidavit
- Timely Recording Lien within 90 Days From Lienor’s Last Day / Final Furnishing Date
- Lien and Payment Bond Right Preservation is a MUST
- Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own
- Recording a Notice of Contest of Lien Against Payment Bond
- Am I a Lienor?
- Conditional Payment Bond Requirements
- Elements for Subcontractor to Prove Miller Act Payment Bond Claim
- Do Not Ignore the Surety’s Demand for Collateral Security
- Lienors Need to Timely Respond to Requests for Sworn Statements of Account
- Owners: Take Notice of Listed Lienors in Contractor’s Final Payment Affidavit
- Lien Priority goes Hand-in-Hand with the Notice of Commencement
- “Prevailing Party” in Construction Lien Actions
- Public Payment Bonds and Venue
- Contractor’s Final Payment Affidavit
- Owners that have Construction Liens Recorded Against their Property
- Put Yourself in the BEST Possible Position when Recording and Serving a Construction Lien
- Subcontractor and Supplier MUST Timely Serve Notice to Owner
- Comply with the Requirements of Florida’s Lien Law
- Value Working with a Lawyer to Prepare and Record Your Lien
- Dotting i’s and Crossing t’s when Perfecting Rights under a Subcontractor Performance Bond
- Miller Act Payment Bond Ebook Just for YOU
- Just because It Says It is a Miller Act Payment Bond Doesn’t Make It so
- Homeowners: Invest in a Construction Attorney
- Avoiding an Arbitration Provision to Pursue a Payment Bond Claim in Court
- Statute of Limitations to Sue on Common Law Payment Bond
- Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim
- General Contractor Must Properly Perfect Obligations of Subcontractor’s Performance Bond
- Remember for the New Year – An Ounce of Prevention is Worth a Pound of Cure when it comes to YOUR Construction Lien and Payment Bond Rights!
- Timely Post Your Bid Protest Bond
- Make Sure the Construction Lien is Recorded within 90 Days from the Final Furnishing Date
- Interested in Learning about Federal Miller Act?
- Lienable Services Need to Constitute an Improvement to Real Property
- Ensure that the Face of the Performance Bond Expressly Covers Delay Damages
- Common Question: Do I Have Lien Rights OR Payment Bond Rights?
- Miller Act Payment Bond Surety Cannot Raise Pay-If-Paid / Pay-When-Paid Defense
- Florida Statute s. 255.05 Public Payment Bond Duration
- Florida Public Construction Bond Form
- Drafting the Form of the Performance Bond
- Record Your Construction Lien within 90 Days from Final Furnishing
- Can the Contract’s Change Order Requirements be Waived? If so, can this Support the Basis of a Payment Bond Claim?
- Be Proactive with Your RIGHT to Payment on Private Construction Projects
- Liening for Disputed Change Orders
- Claimant under Miller Act Payment Bond can Sue Prime Contractor (Bond-Principal) Directly
- Bid Protest Bonds filed with Bid Protests
- The Notice of Contest Against Payment Bond
- “Show Cause” Lawsuit to get a Construction Lien Cancelled
- Retainage Exception for Public Payment Bonds
- Construction Liens and Attorney’s Fees
- Private Project Payment Bonds – Make Sure to Serve Initial Notice of Intent (Notice to Owner) on the Contractor if You are Not in Privity with the Contractor
- When is a Miller Act Payment Bond Required
- Moving to Intervene as Defendant in Lawsuit as Principal of Miller Act Payment Bond
- Suing Miller Act Payment Bond 90 Days After Final Furnishing
- Don’t Release Payment Bond Rights for Claims Accruing Prior to the Date of the Release
- Subcontractors Performing Federal Contract Work Need to Appreciate Risk of Miller Act Payment Bond Claim Being Stayed
- Make Sure You Abide by Conditions Precedent to Payment
- Don’t Make the Mistake of Not Pursuing Your Miller Act Payment Bond Rights
- Please, Oh Please, Make Sure Your Construction Lien Does Not Constitute a Fraudulent Lien
- Benefit of Owner Serving Request for Sworn Statement of Account
- Construction Liens Must be Recorded No Later than 90 Days from Final Furnishing Date
- Design Professionals (Architects, Engineers, Interior Designers and Surveyors / Mappers) in Florida have Lien Rights too!
- Transferring a Construction Lien to a Payment Bond (if the Payment Bond was Not Recorded with the Notice of Commencement)
- Don’t Want Sub & Supplier Liens–Require an Unconditional Payment Bond
- A Lienor is Still Required to Perfect Its Lien Rights with a Conditional Payment Bond
- Miller Act Payment Bond Surety can Enforce Venue Provision
- Significant Issues Test to Determine Prevailing Party Attorney’s Fees in Construction Lien Action
- Right to Recover Reasonable Attorney’s Fees Against a Public Payment Bond
- Recording Payment & Performance Bonds on Public Construction Projects
- Remember: Your Construction Lien Priority is Important
- The Purpose of Lien Transfer Bonds (to Transfer the Construction Lien)
- Construction Lien Amendment Considerations
- Be Sure to Include Proper Lienable Amounts in Your Construction Lien
- Don’t Record a Fraudulent Lien!
- Imagine this Scenario when Supplier Files Miller Act Payment Bond Lawsuit
- Properly Serving the Notice of Nonpayment under the Miller Act
- Common Law Payment Bond Rights
- It Starts with Being Proactive Regarding Your Lien and Payment Bond Rights
- Transferring Construction Lien on Private Project to Already Furnished Payment Bond by Recording Notice of Bond
- Who is Entitled to Construction Liens (or Payment Bond Rights) Under Florida Law
- Chart Summarizing Miller Act Payment Bond Rights in Comparison with Florida Payment Bond Rights
- Graphic Depicting Miller Act Payment Bond Claimants
- Preserving and Enforcing Liens and Payment Bonds in Florida (Helpful Chart)
- Subcontractor Default Insurance – – Alternative to Subcontractor Performance Bonds
- Five Miscellaneous Miller Act Payment Bond Points
- Supplier Proving Miller Act Payment Bond Claim
- Venue for a Miller Act Payment Bond Claim
- Miller Act Payment Bond Rights do Not Extend to Third Tier Subcontractors / Suppliers
- Serving Notice of Non-Payment by Sub-Subcontractors and Suppliers to Subcontractors to Preserve Miller Act Payment Bond Claim
- Suing a Miller Act Payment Bond within One-Year From Your Final Furnishing Date
- Moving to Stay the Payment Bond Lawsuit Pending Outcome of Arbitration Between Subcontractor and General Contractor
- Snippet on Miller Act Payment Bond Claims
- Perfecting Performance Bond Claims
- Timely Asserting Performance Bond Claim
- Suing a Lien Transfer Bond in County where Bond is Posted
- Surety’s Right to Create Reserve Account and Demand Collateral Security per the General Agreement of Indemnity
- What Venue should I Sue the Payment Bond Surety?
- Out-of-Pocket Delay and/or Lost Productivity Costs are Recoverable Against Payment Bond Surety
- Recovering Attorney’s Fees Against a Miller Act Payment Bond
- Transferring a Construction Lien to a Lien Transfer Bond
- Collateral Assignment & the General Agreement of Indemnity
- Pay-when-Paid (Pay-if-Paid) is Not a Defense to Payment Bond Claims
Tag Archives: Miller Act
Can the Contract’s Change Order Requirements be Waived? If so, can this Support the Basis of a Payment Bond Claim?
You are owed money for change order work. But, and this is a big but, you did not perform the change order work per your contract. The contract required you to get a signed change order in advance of performing … Continue reading
Posted in Miller Act, Payment Bond
Tagged change orders, Miller Act, Miller Act payment bond, payment bond, waiver
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Claimant under Miller Act Payment Bond can Sue Prime Contractor (Bond-Principal) Directly
A Miller Act payment bond lawsuit does not need to be brought against the payment bond surety. The lawsuit can be brought only against the prime contractor. This is because the prime contractor is the principal of the payment bond … Continue reading
Posted in Miller Act, Payment Bond
Tagged bond principal, Miller Act, Miller Act claimant, payment bond
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When is a Miller Act Payment Bond Required
I have numerous articles discussing the Miller Act when it comes to federal government contracting. But, when is a Miller Act payment bond required? The Miller Act requires that any contractor awarded a contract “of more than $100,000 for the construction, … Continue reading
Posted in Miller Act, Payment Bond
Tagged 40 USC 3131, Miller Act, Miller Act payment bond, payment bond
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Moving to Intervene as Defendant in Lawsuit as Principal of Miller Act Payment Bond
There are instances in a Miller Act payment bond lawsuit where the prime contractor, or principal of the payment bond, is not sued. Instead, just the Miller Act payment bond surety is sued in an action on the payment bond. … Continue reading
Posted in Miller Act, Payment Bond
Tagged intervene, intervention, Miller Act, moving to intervene, payment bond, payment bond principal, payment bond surety
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Suing Miller Act Payment Bond 90 Days After Final Furnishing
The Miller Act requires lawsuits against a Miller Act payment bond may not be brought until 90 days after the claimant’s final furnishing on the project: Every person that has furnished labor or material in carrying out work provided for … Continue reading
Posted in Miller Act, Payment Bond
Tagged 40 USC 3131, 40 USC 3133, 90 days, final furnishing, Miller Act, payment bond
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Don’t Release Payment Bond Rights for Claims Accruing Prior to the Date of the Release
When you execute waivers and releases in exchange for payment, do not…I repeat do not…release payment bond rights for claims such as change orders requests, delay, lost productivity, acceleration, etc., that accrued prior to the date of the release. For … Continue reading
Posted in Miller Act, Payment Bond
Tagged Miller Act, payment bond, release exceptions, waiver and release
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Subcontractors Performing Federal Contract Work Need to Appreciate Risk of Miller Act Payment Bond Claim Being Stayed
Federal projects come with certain risks to subcontractors. One such risk is that a subcontractor may be required to stay a Miller Act payment bond claim pending the outcome of the Contract Disputes Act resolution process. Many prime contractors that … Continue reading
Posted in Miller Act, Payment Bond
Tagged Contract Disputes Act, Miller Act, payment bond
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Don’t Make the Mistake of Not Pursuing Your Miller Act Payment Bond Rights
If you are a claimant (subcontractor, sub-subcontractor, or supplier) on a federal construction project, you need to preserve your Miller Act payment bond rights to the extent you are unpaid. This gives you the leverage to pursue your claim for … Continue reading
Posted in Miller Act, Payment Bond
Tagged Miller Act, Miller Act limitations, payment bond, statute of limitations
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Miller Act Payment Bond Surety can Enforce Venue Provision
The Miller Act requires a claimant to sue the Miller Act payment bond surety in the federal district court where the work is performed (i.e., where the project is located). However, this venue can be modified by a forum selection provision … Continue reading
Posted in Miller Act, Payment Bond
Tagged forum selection, Miller Act, Miller Act venue, payment bond, payment bond venue
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Imagine this Scenario when Supplier Files Miller Act Payment Bond Lawsuit
Imagine this scenario. A supplier enters into an oral agreement with a subcontractor to furnish materials for a particular federal job. (Yes, oral agreements or the handshake deal still do exist!) The supplier furnishes $61,000 worth of materials, the subcontractor … Continue reading
Posted in Miller Act, Payment Bond
Tagged bankruptcy, bankruptcy stay, Miller Act, payment bond
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