Tag Archives: payment bond

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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Lien and Payment Bond Right Preservation is a MUST

Recently, I have been involved in more than a few matters where a party failed to preserve their construction lien rights or payment bond rights, as applicable to the project.  Why?  Failing to properly preserve lien or payment bond rights … Continue reading

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Recording a Notice of Contest of Lien Against Payment Bond

As a general contractor, if you receive a notice of nonpayment from a claimant that is preserving its rights under your payment bond, you can record a Notice of Contest of Claim Against Payment Bond.  This is similar to a … Continue reading

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Conditional Payment Bond Requirements

Conditional payment bonds are becoming more popular on private construction projects. From a general contractors’ perspective, the conditional payment bond provides it security in the event the owner does not pay. With an unconditional payment bond, a claimant can still … 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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Do Not Ignore the Surety’s Demand for Collateral Security

If you are furnishing a payment bond or performance bond to an owner or contractor (the obligee), whatever the case may be, then you are the principal of that bond.  Sureties, however, are not issuing bonds on your behalf out … Continue reading

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Subcontractor and Supplier MUST Timely Serve Notice to Owner

Not too long ago, I dealt with an issue of a subcontractor not timely serving a Notice to Owner.  It was not even close.  This meant that the subcontractor did not properly perfect its construction lien rights.  Of course, the subcontractor … 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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