Federal Miller Act Claims
Federal projects are not liened. They are pursued through Miller Act bond claims.
Federal construction projects are governed by a different payment framework than private or state public projects. On covered federal projects, unpaid subcontractors and suppliers may have rights under the Miller Act, which requires payment bonds for certain federal public building and public work contracts. The Miller Act is codified at 40 U.S.C. §§ 3131-3134.
A Federal Miller Act claim is not a Florida construction lien. Federal property cannot be liened like private property, so payment protection generally comes through the payment bond. The claimant must evaluate whether the project is federal, whether a Miller Act bond exists, whether the claimant is protected, and whether all notice and lawsuit deadlines have been met.
Federal Miller Act disputes often involve unpaid subcontract balances, supplier invoices, retainage, disputed Change Orders, extra work, project delay, termination, and pass-through claims. These disputes may also involve federal contract documents, prime contractor defenses, surety defenses, and venue issues.
Montesino Law assists with evaluating and pursuing Miller Act payment bond claims involving federal construction projects in Florida.
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Questions About Federal Miller Act Bond Claims
Federal Miller Act claims involve payment disputes on federal construction projects. Because federal property generally cannot be liened, the payment bond may be the main remedy for unpaid labor, services, or materials.
What is a Federal Miller Act claim?
A Federal Miller Act claim is a payment bond claim on a federal construction project. Instead of recording a construction lien against the property, the claimant seeks payment from the bond principal and surety.
Who can bring a Federal Miller Act bond claim?
Subcontractors, suppliers, and other construction participants may be able to bring a Federal Miller Act bond claim if they furnished covered labor, services, or materials to the federal project and complied with the applicable notice and lawsuit requirements.
How is a Federal Miller Act claim different from a Florida lien claim?
A Florida construction lien is a claim against private real property. A Federal Miller Act claim is a claim against a payment bond on a federal project. The payment dispute may involve similar unpaid work, but the remedy, forum, notice requirements, defenses, and deadlines are different.
What should be reviewed before pursuing a Federal Miller Act claim?
Before pursuing a Federal Miller Act claim, the claimant should review the payment bond, contract chain, project records, payment applications, invoices, change orders, notices, final furnishing date, and communications with the contractor or surety. Deadline issues should be reviewed as early as possible.
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