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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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