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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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Transcript

  • 1. The US Miller Act 101
  • 2. What IsThe Miller Act?
  • 3. TheDEFINITION40 USCS §3131 et seq. http://www.zlien.com/miller-act-claims/us-miller-act-statute/
  • 4. TheDEFINITIONYou Can Lien & Foreclose On A Regular House.
  • 5. TheDEFINITIONBut Not The White House.
  • 6. 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.
  • 7. FEDERALProjectsNOT:- Interstates- Universities- Federally Funded State Projects- Federally Funded Private Projects
  • 8. FEDERALProjectsFUNDING
  • 9. What’s Your Remedy If Unpaid?
  • 10. 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.
  • 11. 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
  • 12. How To MakeA Miller Act Claim
  • 13. TheCLAIM #1 No One Is Required To SendPreliminary Notice Or A Notice of Intent To Lien.
  • 14. TheCLAIM #2It’s Helpful To Know Who The Bonding Company Is And You Have The Right To Request This At Anytime
  • 15. TheCLAIM #3 Send A “Miller Act Claim” To The General Contractor Within 90 Days Of LastFurnishing Labor or Materials
  • 16. 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
  • 17. TheCLAIM #4Surety Will Contact You. Respond Quickly. Provide Backup.
  • 18. TheCLAIM #5Give Claims Process 30-60 Days And File Suit If You Reach A Dead End.
  • 19. TheCLAIM All Miller Act Suits Must BeFiled Within 1 Year From LastFurnishing Labor / Materials.
  • 20. Nuances
  • 21. ClaimDELIVERYMust claims be sent or delivered withinthe 90 day period?The law differs from jurisdiction tojurisdiction.
  • 22. 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.
  • 23. EXCEPTIONSThe Miller Act Contains a FewExceptions. On some military projectsinvolving vessels, weapons and similaroddities, the Miller Act bondingrequirement may be exempt.