Payment bond rights under your state’s Little Miller Act statute are not easily avoided. Little Miller Act statutes allow subcontractors and lower-tiered parties to make claims against the payment bond that every general contractor must post for public projects. This process guarantees a certain level of protection for subs while…Read More
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The U.S. Miller Act gives subcontractors, suppliers, and laborers a bond claim on federal projects. The Act requires that a payment bond be posted by the prime contractor for every federal project. Think of the bond as a pile of money. When a contractor or subcontractor goes unpaid, they have…Read More
The end of the year is upon us! December really came out of nowhere, like an unexpected snowball. With the holidays around the corner, now is the time to get organized! Read on for tips on how to reduce unpaid and outstanding invoices (and get paid) before the end of the year.
Under the Miller Act, a party is limited to a one year period to file suit against a payment bond to recover payment. This one year period may be extended for very limited circumstances. The reason for these limited circumstances is because to allow an extension of the one year period alters…Read More
PLEASE NOTE: This post has been updated to clarify the provisions of the new law regarding attorneys’ fees.
A lot of people think the Illinois mechanics lien statutes are engraved in granite, immovable and inviolate for time. But nothing could be further from the truth. There used to be a provision…
We talk a lot about mechanics liens and their benefits, but what happens if you are working on a public project and are unable to file a mechanics lien against the property?
That is where bond claims come in. Many people become confused about whether to file a mechanics lien or bond…Read More
Mechanics liens are powerful tools to get parties in the construction industry paid. While there are several steps that parties on the top of the payment chain have to challenge the mechanics lien, or otherwise get the lien removed from the property, some of these steps may actually benefit the…Read More
Service of your Mechanics Lien or Bond Claim is critically important, and since most state statutes rely on using USPS delivery, it is always important to have correct postage when mailing out your document. No one wants to receive their undelivered claim back in the mail several days after it…Read More
Lien waivers, including waivers of the right to make a bond claim, are common documents that are exchanged on every construction project. Far from being innocuous “throw-away” documents standing in the way of receiving payment, or documents that just need to be rubber-stamped with no review, waivers can have significant…Read More
In Arizona, every party without a direct contract with the general contractor is required to give a preliminary notice within 20 days of the party’s first furnishing of labor and/or materials in order to preserve the right to make any necessary future bond claim. While the failure to provide the notice within the…Read More