Miller Act

The Miller Act (ch. 642, Sec. 1-3, 49 stat. 793,794, codified as amended at 40 U.S.C. §§ 3131–3134 (formerly 40 U.S.C. §§ 270a–270d)) requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers. The Act was originally enacted as the Heard Act in 1893.
Posts about Miller Act
    • SUBCONTRACTOR’S MILLER ACT PAYMENT BOND CLAIM

      Since I wrote my ebook on the application of federal Miller Act payment bonds, I have not discussed a case applying the Miller Act. Until now! Below is a case that reinforces two important points applicable to Miller Act payment bond claims. First, the case reinforces what a claimant needs to prove to establish a Miller Act payment bond claim. Very important.

      Florida Construction Legal Updates- 14 readers -
  • EBOOK: MILLER ACT PAYMENT BOND FUNDAMENTALS

    … I finally did it! I wrote an ebook on the fundamentals of Miller Act payment bonds. A nuts and bolts approach focusing on the practical application of Miller Act payment bonds. It is currently on Amazon and will be on iTunes in the next day or so. If you are interested in Miller Act payment bonds, check it out. Please contact David…

    Florida Construction Legal Updates- 11 readers -
  • MILLER ACT AND “PUBLIC WORK OF THE FEDERAL GOVERNMENT”

    … Oak, LLC, 2017 WL 190099 (N.D.Ok. 2017). If the project is not a public works project of the Federal Government, the Miller Act does not apply. In this case, the Department of Transportation entered into an agreement with the Cherokee Nation where the Department would provide lump sum funding and the Nation would use the money to fund…

    Florida Construction Legal Updates- 15 readers -
  • MILLER ACT PAYMENT BONDS

    … Do you do work on federal construction projects? Are you familiar with the Miller Act? Below is a portion of a recent presentation on Miller Act payment bonds. Download (PPTX, 120KB) Please contact David Adelstein at dma@katzbarron.com or (954) 522-3636 if you have questions or would like more information regarding this article. You can…

    Florida Construction Legal Updates- 9 readers -
  • TIMELY FILE YOUR MILLER ACT PAYMENT BOND LAWSUIT

    … If you are a subcontractor, sub-subcontractor, or supplier on a federal construction project, please make sure to preserve your Miller Act payment bond rights. This includes filing suit in a federal district court against the payment bond surety. The Eleventh Circuit’s ruling in Thomas v. Burkhardt, 2016 WL 143351 (11th Cir. 2016) illustrates…

    Florida Construction Legal Updates- 12 readers -
  • ATTORNEY’S FEES AGAINST COMMON LAW PAYMENT BONDS

    … it is not a bond furnished in accordance with a statutory requirement. Unlike a statutory payment bond (whether furnished per the Miller Act, Florida Statute s. 255.05, Florida Statute s. 713.23, or Florida Statute s. 337.18) there are no statutory prerequisites in order for a claimant to preserve rights under the common law payment bond. For instance…

    Florida Construction Legal Updates- 12 readers -
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