The US Miller Act 101
 

The US Miller Act 101

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The US Miller Act governs claims made by subcontractors and suppliers for non-payment on a federal construction project. This presentation explains the Miller Act, what it does, how it works, how to ...

The US Miller Act governs claims made by subcontractors and suppliers for non-payment on a federal construction project. This presentation explains the Miller Act, what it does, how it works, how to make a claim and more.

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The US Miller Act 101 The US Miller Act 101 Presentation Transcript

  • The US Miller Act 101
  • What IsThe Miller Act?
  • TheDEFINITION40 USCS §3131 et seq. http://www.zlien.com/miller-act-claims/us-miller-act-statute/
  • TheDEFINITIONYou Can Lien & Foreclose On A Regular House.
  • TheDEFINITIONBut Not The White House.
  • FEDERALProjectsFederal Courthouses. FederalBuildings. Levee Work. Army Corps ofEngineers Work. Military Bases. FederalUniversities Like Air Force Academy.US Bureau of Indian Affairs Land. NASAConstruction Projects. SmithsonianInstitute. National Monuments.
  • FEDERALProjectsNOT:- Interstates- Universities- Federally Funded State Projects- Federally Funded Private Projects
  • FEDERALProjectsFUNDING
  • What’s Your Remedy If Unpaid?
  • TheBONDFor All Federal Construction ProjectsOver $100,000, The GeneralContractor Is Required to Post APayment Bond.If Subs Or Suppliers Are Unpaid TheyCan File A Claim Against The Bond.
  • WhoQUALIFIES US Government Entity General Contractor Subcontractors Suppliers to General Contractors Sub-Subs Suppliers to Subs Suppliers to SuppliersSubs to Sub-Subs Suppliers to Sub-Subs
  • How To MakeA Miller Act Claim
  • TheCLAIM #1 No One Is Required To SendPreliminary Notice Or A Notice of Intent To Lien.
  • TheCLAIM #2It’s Helpful To Know Who The Bonding Company Is And You Have The Right To Request This At Anytime
  • TheCLAIM #3 Send A “Miller Act Claim” To The General Contractor Within 90 Days Of LastFurnishing Labor or Materials
  • TheCLAIM- Not Required For 1st Tier Subs &Suppliers, But You Might As Well- Send to General ContractorCertified Mail with Return ReceiptRequested- Send to Surety If Possible
  • TheCLAIM #4Surety Will Contact You. Respond Quickly. Provide Backup.
  • TheCLAIM #5Give Claims Process 30-60 Days And File Suit If You Reach A Dead End.
  • TheCLAIM All Miller Act Suits Must BeFiled Within 1 Year From LastFurnishing Labor / Materials.
  • Nuances
  • ClaimDELIVERYMust claims be sent or delivered withinthe 90 day period?The law differs from jurisdiction tojurisdiction.
  • AttorneyFEESIf you can recover attorney feespursuant to the terms of yourcontract, you will be able to recoverattorney fees in your Miller Act claimfrom the surety and/or generalcontractor.
  • EXCEPTIONSThe Miller Act Contains a FewExceptions. On some military projectsinvolving vessels, weapons and similaroddities, the Miller Act bondingrequirement may be exempt.