We Help Federal Construction Prime and Subcontractors Nationwide Avoid Costly Legal Mistakes With Miller Act Claims. Free Initial Consultation. 1-866-601-5518.
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 litigating Miller Act claim cases.
With law offices in Washington, DC and Denver, Colorado, Watson & Associates, LLC ‘s Federal Miller Act 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.
- Aggressive Legal Representation
- Nationwide Help
Federal Miller Act Claim & FAR 28 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 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 Payment bond
- Handling stop notice requirements from the government
- FAR 28 legal disputes
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 attorney, call us at 1-866-601-5518. Free Initial Consultation.
40 USC 3131 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 USC 3131(b)(2), the parties that may assert a Miller Act 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).
Call Our Federal Miller Act Bond Lawyers
For help with federal government construction law, Miller Act claims, miller act payment bond disputes or litigation support under, 40 USC 3131, 48 CFR 28.203 and FAR 28, then contact one of our Federal Miller Act claim surety bond lawyers today for immediate help toll-free at 1-866-601-5518.