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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).

Notice Requirements - Millers Act Payment Bond
The Miller Act requires that any contractor or material supplier who does not have a direct contract with the general/prime contractor must serve a “90-day notice of claim on bond” within 90 days from the last date that the claimant furnish labor or material for which the claim is made.[1] Basically, all sub-subcontractors and material suppliers to a subcontractor must serve this notice. Failure to properly serve the notice will prevent the claimant from making a claim against the Miller Act payment bond.

A contractor or material supplier who has a direct contract with the general/prime contractor is exempt from this notice requirement. To be on the safe side, it is recommended to serve the notice anyways.

List of Cited Statutes and Case Laws for further research
[1] 40 U.S.C. § 3133(b) (2011).

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