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
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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
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
Have you ever tried to figure out how how to file a mechanics lien? Or even just when to file a lien?
The point is this: mechanics liens are complicated. But they’re too important to give up on. The mechanics lien is a powerful legal tool that provides a number of…Read More
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…Read More
We here at zlien like to keep our readers current on lien law trends and where the courts are headed. I read through a number of cases on a regular basis, finding tidbits of information that are useful. This blog post discusses a rather creative, yet failing…Read More
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…Read More
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…Read More
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,…Read More
We here at the Lien blog devote a lot of our time to writing about mechanics liens, and all the issues and laws surrounding them in each and every state. Another major area of interest, however, is the Miller Act, a piece of federal legislation which permits unpaid subcontractors and…Read More