Construction Liens & Notices
- Pre-Lien Notices
- Construction Liens
- Design Professional Liens (CA Only)
- Stop Notice
-
Bond Claim Notices
(Miller or Little Miller Act) - Notice of Intent to Lien
- Extension of Lien
- Release/Withdrawal of Claim
- Pre-Lien Amendments
Real Estate Title Transfers
- Deeds (Real Estate Title Transfers)
- Affidavits of Death (Death Transfers)
-
Beneficiary Deed
(a.k.a. Transfer on Death Deed) - Revocation of Beneficiary Deed
- Rescission Deed
Business Filings
- Sole-Proprietorships
- Partnerships
-
Fictitious Business Names
(DBA / FBN filings) - Corporation (Inc.)
- Limited Liability Co. (LLC)
- Dissolving/Closing a Business
- Amendments/Changes
Misc. Services
- Homestead Declaration
- Abandonment of Homestead
- Short Form Deed of Trust
- Promissory Note
- Reconveyances
- Messenger / Filing Services
- Document Retrieval Services
Bond Claim Notices
FEDERAL PUBLIC WORKS – MILLER’S ACT NOTICE
- Basics of a Miller Act Payment Bond (Federal Public Works).
- Notice Requirements – Miller Act Payment Bond (Federal Public Works).
- Enforcing a Miller Act Payment Bond (Federal Public Works).
Enforcing a Miller Act Payment Bond (Federal Public Work)
A claim against a Miller Act Payment Bond may be enforced with a lawsuit.[1] The lawsuit is often very complex and should be handled by an attorney specializing in construction law. If you need a referral to a construction law attorney in your area, please contact our office.
The lawsuit to enforce a Miller Act Payment Bond must be commenced no sooner than 90 days nor later than 1 year after the last day the claimant performed labor or supplied materials on the project.[2] Failure to file suit within the time frame will prevent the claimant form enforcing his/her claim against the Miller Act Payment Bond.
Due to expensive court costs and long waiting periods, it is best to use the payment bond claim to negotiate for payment and avoid the court system. However, if full repayment is not made within the 1 year timeframe, the claimant should consider moving forward with the lawsuit to enforce the Miller Act Payment Bond. If you wish to file the lawsuit, your attorney will need some time to prepare the initial papers; please do not wait until the last minute to contact your attorney.
List of Cited Statutes and Case Laws for further research
[1] 40 U.S.C. § 3133(b) (2011).
[2] Ibid.