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Supreme Court Rules on the False Claims Act

Supreme Court Rules on the False Claims Act

The Supreme Court may not be the highest court in the land, but when the Court rules, it’s best to pay attention. Recently, a Supreme Court decision helped clarify how the False Claims Act should be applied. While this case involved the medical industry, the False Claims Act applies to all parties that contract with the Federal […]

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The Basics of Recovery on Federal Projects: The Miller Act

The Basics of Recovery on Federal Projects: The Miller Act

The Miller Act was passed to provide an opportunity for subcontractors and suppliers to recover for unpaid labor and material on federal projects, since mechanics liens cannot be filed against public property. For federal projects where the prime contract exceeds $100,000, the Act requires that general contractors provide performance bonds and a payment bond sufficient to cover the entire amount […]

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Court Determines What “Furnish” Means Under The Miller Act

Court Determines What “Furnish” Means Under The Miller Act

In the legal field, the meaning of a word in a statute can be very important. Certain interpretations can determine what situations the statute will apply to. In the construction industry, the interpretation of words like “improvement” and “furnishing” can determine whether a party is entitled to financial protection under the local Mechanics Lien Statute […]

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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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Complicated Project Role Can Make a Difference for a Miller Act Claim

As the Construction Payment Blog has discussed before the Miller Act can sometimes be confusing, especially as to which parties are enabled to make a claim. While the Miller Act is very broad about the what type of labor and/or materials give rise to a claim (nearly everything furnished to a federal construction project) it is very strict about which project […]

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Lien Law: How Do You Lien NASA?

nasa-improvement-projects-miller-act

I had a client call in today, who was wondering how he can file a lien on a project he is working on. This is a very normal call for us here at zlien , but the interested part of this request is that the client worked on a job located in Cape Canaveral, Florida. […]

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Miller Act and Attorney Fees: Recent Georgia Case Provides Insight

Attorney Fees in Lien and Bond Claim Actions

The issue of whether or not attorney fees can be recovered under the Miller Act is a topic routinely discussed by courts, and by us on the Lien blog, because the law on this issue is complex, confusing, and unclear. One of the trickier aspects of determining whether, or under what provision, attorneys fees may be recovered […]

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Bond Claims: Benefit to Sending When There Is No Requirement?

Bond claims, like mechanic’s liens, have requirements that vary from state to state.  Whether or not preliminary notice is required, who must receive preliminary notice or the claim itself, and even if a formal claim is required prior to initiating a lawsuit to recover can all change depending on the state in which the project […]

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