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Miller Act: Does Your Miller Act Claim Deadline Control All Of Your Claims?

The Ninth Circuit United States Court of Appeals recently issued a decision that impacts Miller Act Claims across the United States.  In Pre Con Industries, Inc. v. First National Insurance Company of America, the parties were arguing about the scope of the one year statute of limitation.  The Ninth Circuits discussion of this legally technical […]

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Lien Law: How Do You Lien NASA?

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. Everyone […]

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Miller Act and Attorney Fees: Recent Georgia Case Provides Insight

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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Mechanics Liens: Types of Construction Projects – What Are They And Why You Should Care

What type of construction project are you working on? This is an important question for your mechanics lien and bond claim rights. In fact, if you use Zlien to manage your lien and bond claim compliance, it’s an essential question that is asked of you every time you enter a new project.  What type of […]

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Bond Claims: Is There a Benefit to Sending A Bond Claim When There is No Requirement to Send a Claim Prior to Initiating Suit?

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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What Lien Rights Do You Have On A Federal Project?

When you perform work on a private commercial or residential project you likely have a mechanics lien right. When you work on a state, county or municipal project, you likely have some type of state bond or state lien right available.  But what happens when you’re on a federal project?  Meet the US Miller Act. […]

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Miller Act Applies When Doing Construction In The Nation’s Attic

Reading the Wall Street Journal last week, I stumbled across “Shaking Up The Smithsonian,” which suggests that the world’s largest museum network is launching an “aggressive building boom.”  This got me thinking about the mechanics lien or bond claim rights on these projects, because I’m sure we’ll have clients starting to furnish labor or materials […]

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Arbitration Clauses Will Require You To Litigate Miller Act Claim Out Of Court

Arbitration clauses in a construction contract are commonplace, but what effect do these clauses have when litigating a Miller Act Claim, which may entitle you to a cause of action against the Miller Act Surety, who is not a party to your contract and not subject to the arbitration clause? In most federal jurisdictions, the […]

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Federal Jurisdiction On Basis Of Miller Act Requires A Bond

I’ve come across a decision from the United States 5th Circuit Court of Appeal that is interesting for construction lawyers helping clients who work on federal projects. In Richard A. Arena Jr d/b/a Water-Tite Roofing v. Graybar Electric Company, Inc., et al, the 5th Circuit held that a federal court does not have jurisdiction over […]

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Miller Act Will Apply To $22M Of Announced Louisiana River and Port Work

New Orleans’ City Business Magazine published an AP article on their website announcing that the US Army Corps of Engineers will spend $22 million on Louisiana river and port work. That’s great news for Louisiana contractors and suppliers, and for those landing some of that work, it’s important to recognize that the Federal Miller Act […]

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FAQ: Can I Lien a State Or Federal Project?

Short Answer: Yes. Although frequently called a “lien,” it is more accurately referred to as the filing of a claim. Long Answer: I’ve had a number of folks contact me in the past week or so inquiring as to whether they could file a lien against a federal or state project. While some companies have […]

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