NASBP position brief on why the Miller Act should be exempt from periodic threshold increases
Miller Act Indexing Issue Brief.pdf
Kahlon of Bradley Arant Boult Cummings LLP Published July 21, 2020 The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the date it last performed work on a federal project and (2) file suit against the bond for any outstanding nonpayment within one year of the date work was last performed
Kahlon of Bradley Published December 8, 2021 A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors, and suppliers on such projects)
Likewise, it demands certainty of performance and payment of subcontractors...Then, we’ll proceed to performance and payment bonds–which were introduced into the government contract canon in the Miller Act
Michelle West of Smith Currie & Hancock LLP The Miller Act protects subcontractors, suppliers, and other qualifying claimants on public projects from non-payment by requiring general contractors to provide a payment bond for federal construction projects in excess of $150,000. [1] Because public projects are not subject to liens, the Miller Act is often a claimant’s best chance at being paid for its work
The requirements of the Federal Prompt Payment Act are found in FAR clauses 52.232-25 through 232-27
Leader in Government Contracts and False Claims Act practices. In this unprecedented time of global pandemic, government contractors, and industries supporting them have spent substantial effort understanding contract terms like force majeure , excusable delay, changes, and Defense Production Act rated orders. The surety industry is also rapidly learning these terms and clauses and how they apply to Miller Act bonds issued for federal construction contracts. The Miller Act : The Miller Act, 40 U.S.C. § 3131, and applicable FAR Council regulations, requires construction companies performing contracts of more than $150,000 for the construction, alteration, or repair of any public building or public work of the federal government, to provide: A performance bond for the protection of the government for completion of the work, and A payment bond for the protection of persons supplying labor and material in carrying out the work
By David Tupper , Richard Bell , Tom Wagner and Mackenzie Comand (Articling Student) of Blake, Cassels & Graydon LLP Published November 3, 2020 The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature