Helping Federal Construction Prime and Subcontractors Nationwide Avoid Costly Legal Mistakes.
Federal Construction Payment and Performance Bond Claim Attorneys
The Federal Miller Act provides certain protections for the government, first-tier and second-tier subcontractors that are material suppliers. However, there are still a substantial amount of court decisions that show serious legal mistakes made by various interested parties when given stop notice instructions by the government or misapplying federal construction law to the facts of their case.
With law offices in Washington, DC and Denver, Colorado, Watson & Associates, LLC ‘s Miller Act payment and performance bond lawyers provide high-level legal advice and litigation support to government construction contractors seeking to either defend or enforce their legal rights. We represent prime contractors, sureties, subcontractors and material suppliers in a vast among of legal disputes involved in bond suits.
Miller Act Federal Construction Law Legal Services
Areas covered include complying with Miller Act claim notice requirements, payment bond claims, legal support when an agency makes adverse decisions with payment and performance bond claims, Prompt Payment Act disputes, federal construction law representation for sureties under 48 CFR 28.203 and FAR Part 28, developing a sound response to:
- Alleged performance bond or bond payment disputes,
- Construction Surety bond claims litigation and defense under the Contract Disputes Act
- US Court of Federal Claims litigation and bond suits appeals, CBCA, ASBCA
- Appeals to the US Court of Appeals for the Federal Circuit
- Some prime and subcontractor disputes. See Information about equitable subrogration and Miller Bond Act Claims.
- Terminations for Default
- Miller Act notice matters
- Handling stop notice requirements from the government
Our goal is to help to recover monies owed and protect your rights under the Federal Miller Act performance and payment bond statutes and regulations. Our government construction law firm also serves as counsel to corporate attorneys that need assistance in navigating the complex federal regulations and surety disputes.
To Speak to a Federal Miller Act claim attorney, call us at 1-866-601-5518. Free Initial Consultation.
Surety Bond Suits – Who Does the Federal Miller Act Protect?
In federal construction projects, a Federal Miller Act payment bond is intended to protect “all persons supplying labor and material in carrying out the work provided for in the contract,” 40 USC 3131(b)(2). However, surety bond protections of the statute are only intended for certain parties. Although the Miller Act payment bond is intended to protect “all persons supplying labor and material in carrying out the work provided for in the contract,” 40 U.S.C. 3131(b)(2), the parties that may assert a claim under it are limited to:
- First-tier subcontractors; i.e., subcontractors who contract directly with the general contractor.
- Second-tier subcontractors; i.e., subcontractors who contract with a first-tier subcontractor.
- First-tier material suppliers; i.e., material suppliers who contracted directly with the general contractor.
- Second-tier material suppliers who contracted with a first-tier subcontractor and not a first-tier material supplier (i.e., material suppliers that supplied a first-tier subcontractor).
Third-tier and more remote subcontractors and material suppliers cannot recover against the Miller Act payment bond suit. Further, a second-tier material supplier who supplied a first-tier material supplier and not a first-tier subcontractor, likewise cannot recover under the Federal Miller Act payment bond. See Clifford F. MacEvoy Co. v. Calvin Tomkins Co., 322 U.S. 102 (1944).
Our Federal Government Construction Contracts and Miller Act Law Firm provides legal counsel to contractors about surety bonds for performance and payment bond construction claims throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our federal Miller Act claim attorneys today for immediate help. 1-866-601-5518.
Call Our Federal Miller Act Claim & Surety Bond Lawyers
For help with federal government construction law, Miller Act payment bond claims, notice requirement disputes or litigation support under 48 CFR 28.203 and FAR Part 28, then contact one of our Federal Miller Act claim surety bond lawyers today for immediate help toll-free at 1-866-601-5518.