• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

March 29, 2017

A Review of the Miller Act

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
March 29, 2017

A Review of the Miller Act

A brief reminder of the Miller Act’s purpose and how to ensure coverage.

The Miller Act has two elements. It requires prime contractors on some, but not all, federal government projects to obtain performance bonds that protect the government (the owner) if the prime defaults on its contractual obligations.

The Miller Act also requires prime contractors to obtain a payment bond that provides funds to pay subcontractors and suppliers that file suit if they are not paid. Some state construction projects are covered under what Seth Smiley, in his article in Construction Law Monitor, refers to as “’Little Miller Acts.’” These are state statutes that mirror the Miller Act.

The Miller Act was enacted in 1893 to help prevent expensive construction delays on federal projects caused by contractors’ “abandonment or non-performance.”

According to Mr. Smiley, Congress instituted the performance bond requirement to ensure that only contractors who were serious about fulfilling their contractual obligations would obtain government contracts.

The bonds also defray “some of the cost of potential non-performance and the need for a substitute.”

The payment bond was designed to encourage subcontractors and suppliers to perform work for the federal government, which in many situations is immune from litigation because of “sovereign immunity.”

This is the provision that is most important to subs and suppliers although the performance bond requirement provides them with some assurance the prime contractors for whom they are working are, at least in theory, financially solvent.

Mr. Smiley indicates that filing a Miller Act claim is “relatively straightforward.” If a subcontractor or supplier is covered under the Act, they have 90 days to send a “Miller Act Notice to the prime contractor from the date on which they last performed work or supplied material to the job.”

“First tier subs and suppliers” also have one year from the date of their last “furnishing” to submit a claim to the bonding company.

Second tier subs and suppliers owed money by first tier subs and suppliers can file claims against the prime contractor. This gives them one year from that date to file a Miller Act suit in federal court.

Mr. Smiley emphasizes that filing requirements are strict. Complying with deadlines is essential.

The author suggests that you contact an attorney if the need to file suit for payment arises.

Keep in mind that third tier subs and suppliers are not covered under the Miller Act.

Source—

What the Miller Act Means for You, Seth Smiley, Construction Law Monitor, Nov. 6, 2015.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

Advance Registration Rates In Effect For CSC 2023

Advance registration rates are now in effect for Construction Super Conference, scheduled for Nov. 29 – Dec. 1, 2023.

Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

DOL Addresses Extreme Heat: Beneficial For Construction Industry?

The DOL intends to “ramp up enforcement of heat-safety violations” in the work place, including construction sites.

Latest News Latest NewsNews

EDITORIAL: New DOL Davis-Bacon Rule Misses the Mark

This rulemaking critically missed an opportunity to improve the wage determination process.

Latest News Latest NewsNews

Infrastructure Lags, Homebuilding Surges

ARLINGTON, VA - Two types of private nonresidential spending increased significantly in May, while most other categories lagged.

Latest News Latest NewsNews

Building Regs In New York: A Peek Into The Future

NEW YORK, N.Y. - Changes are coming as a result of Nov. 8, 2022 amendments to the building code.

Latest News Latest NewsNews

Newest CSC EAB Member: “Old Pay-To-Play Format Is Long Gone”

As the newest member of the CSC EAB, Wendy Venoit has definite opinions about the kinds of educational sessions that contribute to a successful conference.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   DO NOT SELL MY PERSONAL INFORMATION   TERMS OF USE   PRIVACY POLICY