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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Miller Act Claims: 11th Circuit Dismisses Suit for Procedural Error
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 material suppliers on federal government [...]
Miller Act Resources and Free Miller Act Forms
The Lien Blog and Zlien website is packed with information about the US Miller Act and filing a claim for payment on a federal project. In fact, one of the most popular posts here on the Lien Blog is one related to the Miller Act and titled: “5 Things To Know About The Miller Act.” [...]
Attorney Fees Are Sometimes Recoverable In Miller Act Claims
In the mechanics lien world, whether you can recover attorney fees as part of your claim is dictated by state statute. The statute either says you can or can’t. Determining if attorney fees are recoverable as part of a US Miller Act Claim is a bit more complex, but the general answer is that the fees are [...]
Chart: Who Does And Does Not Have Rights Under The Miller Act
The Miller Act can be a little confusing as to who does and who does not have claim rights. While the statute is very broad about what type of work or materials are covered — nearly everything furnished to a federal construction project — it is strict about which tiers of project participants can be included. We [...]
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. [...]
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 [...]
Miller Act May Apply to Federal Property Leased To Private Parties
The concept of government property leased to a private entity has gotten a lot of press lately, and a lot of discussion on this blog. One may think the situation only rarely arises when a lien claim is sought against a project that is privately commissioned, but is performed on public land leased to a [...]
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 [...]
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 [...]
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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