Questions? Call us at

1-800-820-2144

Mon-Fri 9:00 a.m. to 5:00 p.m.
Sat.12:00 p.m. to 3:00 p.m.

Bond Claim Notices

 

FEDERAL PUBLIC WORKS – MILLER’S ACT NOTICE

  1. Basics of a Miller Act Payment Bond (Federal Public Works).
  2. Notice Requirements – Miller Act Payment Bond (Federal Public Works).
  3. Enforcing a Miller Act Payment Bond (Federal Public Works).

Basics of a Payment Bond for Federal Public Works
A surety bond is comprised of a surety company (the “surety”) that guarantees to one party (the “obligee”) that a second party (the “principal”) will perform its obligation otherwise the surety will step in to honor the obligation. Under a Miller Act Payment Bond, the general/prime contractor (the “principal”) purchases a surety bond to assure the public entity (the “obligee”) that payment will be made to the lower tier contractors and suppliers (the beneficiaries of the payment bond). If payment is not made, the surety and principal are liable for redering payment. The payment bond is very useful if the general/prime contractor or the person who hired you goes bankrupt.

The Miller Act requires that the general/prime contractor post a payment bond for any construction, alteration, or repair of any public building or public work of the United States which exceeds $100,000.[1] This payment bond is intended to ensure that certain lower tier contractors and material suppliers are paid. Under the Miller Act, not all contractors and material suppliers are covered. The parties that are covered by the Miller Act payment bond are limited to the following:
  • Material suppliers and laborers under contract with the prime contractor;
  • Subcontractors to the prime contractor; and
  • Sub-subcontractors, material suppliers, and laborers under contract with the subcontractor
Other lower tier contractors such as “sub-sub-subcontractors” and a “material supplier to another material supplier” are generally not covered under the Miller Act payment bond and cannot file a claim. If you do not fall under the protected parties, contact your attorney as there may be special exceptions available.

List of Cited Statutes and Case Laws for further research
[1] 40 U.S.C. § 3131(b) (2011).

Home  |  Construction Liens & Notices  |  Real Estate Title Transfers  |  Business Filings  |  Misc. Services  |  About Us  |  Contact Us  |  Terms of Use  |  Privacy  |  Disclaimer
Copyright © My Legal Depot, 2005 - 2024
Disclaimer: The information provided in this site is not legal advice and is intended to be used for informational and entertainment purposes only. Click here for the full disclaimer. My Legal Depot is a registered and bonded Legal Document Assistant with Los Angeles County. Registration # 0390