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Payment and Performance Bonds on a Private Project?

Payment and Performance Bonds on a Private Project?

Requiring bonds on a construction project is a great way to insure that a project stays on track. In calling for payment and performance bonds, the awarding authority adds another layer of accountability for prime contractors. Because public projects are funded by tax dollars, and because subcontractors and suppliers cannot avail themselves to some of their […]

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Subcontractor Goes Unpaid Due to Insolvent Surety

Subcontractor Goes Unpaid Due to Insolvent Surety

When a contractor, sub, or supplier works on a public project, a traditional mechanics lien is unavailable to enforce payment. Generally speaking, private parties cannot encumber public property. For this reason, the Miller Act was passed requiring performance and payment bonds when the prime contract exceeds $100,000 on a federal project. Under the Act, when a […]

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What Is a Surety Bond Claim?

What Is a Surety Bond Claim?

What is a Surety Bond Claim? A surety bond claim is a claim made against what amounts to a pile of money that has been set aside for the purpose of ensuring the parties on a construction project get paid. Since certain properties cannot be liened, a bond is obtained to provide a similar type […]

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Relating Back Under the Miller Act? Good Luck.

Because liens cannot be placed on public property, the Miller Act was passed to provide recourse for subcontractors and suppliers working on federal projects. Miller Act claims have a strict one-year period during which they can be filed. Should a claimant file after one year following the last date they provided labor or materials to a project, […]

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Proposed Assembly Bill Affects Residential Solar Projects in California

Proposed Assembly Bill Affects Residential Solar Projects in California

Green construction is on the rise nationwide, and California is leading the charge. From a recent mandate for solar panels at Muscle Beach to legislation reserving solar ready rooftop space, the state of California is one of the leaders in promoting environmentally conscious projects. However, recently proposed legislation has made the process of installing solar panels on […]

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Bond Claim Deadlines

Bond Claim Deadlines

We spend a lot of time discussing mechanics liens here at zlien. But mechanics liens can only be used to secure payment when the project in question is residential or commercial. If contractors, suppliers, equipment lessors or other parties are unpaid on federal, state, or municipal projects, filing a bond claim is the best means of […]

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Fifth Circuit Upholds Payment Bond Rights

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 ensuring a level of efficiency […]

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Miller Act Rights Not Easily Waived

General Contractors and Subcontractor Legal Rights

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 a claim against this pile […]

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Tennessee Amendment Changes Payment Bond Details

Payment bonds are meant to be for the benefit of subcontractors and suppliers, generally speaking. Bonds are piles of money put up by the general contractor or owner of a property. Subcontractors and suppliers may submit claims against the pile of money for lack of payment. This process avoids hold ups on work projects by […]

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