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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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Examining The Miller Act – When It Applies And When You’re Qualified To Make A Claim

If you’re unpaid for labor or materials furnished to a federal construction project, you probably have the right to file a “Miller Act Claim” to secure payment. These claims are filed pursuant to the United States Miller Act, and they allow claimants to make a claim for payment directly to the surety company that has bonded […]

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How To File A Miller Act Claim

When furnishing labor or materials to a federal construction project, your mechanics lien remedy is filing a Miller Act Claim.  The claim’s description refers to the federal act that provides the authority for these claims: the US Miller Act, codified in United States Code 40 § 3131 et seq. (Read Full Text of the Miller […]

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U.S. House Bill Looks To Fix Problem with Miller Act Bonds

The U.S. Miller Act protects subcontractors and suppliers against non-payment when furnishing materials or labor to a federal project. But does it really?  That’s what is subject to debate in the United States House of Representatives, where the “Security in Bonding Act of 2011″ (HR 3534) is being considered. As we’ve discussed ad nausea here on 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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How Lien and Bond Claims Against State Projects Work

If you’re unpaid on a private (commercial, industrial, residential) construction project, you have the right to file a mechanics lien against the property itself to collect the debt. When working on property owned by the state, this exact remedy isn’t available, mostly because the state government isn’t going to allow anyone to foreclose on its […]

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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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Miller Act Claim Statute of Limitations Is Not Extended By Remedial Work – Confirmed by Louisiana Federal District Court

Thanks to Rob Pitkin (@KCconstrlawyer) for calling my attention through Twitter to a recent Miller Act decision out of Louisiana Eastern District federal court:  Contracting King, Inc. v. Creek Services, LLC. There is nothing ground breaking about this decision, but it does contain a nice long discussion of the Miller Act’s statute of limitation.  In […]

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Make Sure Your Miller Act Notice Is Done Right!

Over the years here at the Construction Lien Blog, we’ve published a number of resources on the Federal Miller Act and States’ Little Miller Acts.  Browse the Topic “Miller Act Claims” for a sampling of blog posts on the Act’s requirements, and to just get an understanding about how these laws work.  If you like […]

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Full Text of Nationwide Little Miller Acts Now Available on Zlien.com

When performing work on a state or federal project anywhere in the United States, contractors, subcontractors and suppliers cannot turn to the state’s generic mechanic lien laws to understand the applicable notice and lien requirements. Following those regular laws could do absolutely no good. Instead, potential claimants must understand a completely different set of statutory […]

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