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 The Act was originally enacted as the Heard Act in 1893.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…

    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”

    … The Miller Act applies to the “construction, alteration, or repair of any public building or public work of the Federal Government.” 40 U.S.C. s. 3131. A recent opinion out of the Northern District of Oklahoma sheds light on what the Miller Act means regarding its application to any public work of the Federal Government. See U.S. v. Bronze…

    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 -
  • MILLER ACT CLAIM FOR UNSIGNED CHANGE ORDERS

    … off by the parties in a change order prior to the commencement of the work. Well, can such requirements be waived? If so, can such change orders form the basis of a Miller Act claim? The answer is generally yes provided the party arguing waiver can support the waiver with evidence (that the other party voluntarily relinquished the requirements…

    Florida Construction Legal Updates- 12 readers -
  • TIMELY FILE YOUR MILLER ACT PAYMENT BOND LAWSUIT

    … notice of the subcontractor’s state court suit against the contractor, the Eleventh Circuit still maintained that the surety would not be bound by the state court judgment and would not be estopped from raising the statute of limitations as a defense: [T]he doctrine of estoppel against the surety rests on the principle that a surety…

    Florida Construction Legal Updates- 12 readers -
Get the top posts daily into your mailbox!