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.