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Before filing for Miller Act Claim, Is it need to file a claim against the General Contractor payment bond first?

Anonymous Contractor

We are a subcontractor did runway cleaning job recently at Marine Corp Air Station in Cherry Point NC, The general contractor is not paying us what suppose to, so we are consider to file claim. This is a Federal job. Appreciated your earliest convenient reply.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 999 reviews

May 29, 2018

That's a good question. Depending on who a subcontractor has contracted with, a payment bond claim may be necessary prior to filing suit on the contractor's bond. Specifically, 2nd tier subcontractors and suppliers to the first tier must make a bond claim within 90 days of last furnishing labor or materials to the project. However, even if it's not required, it's a good idea to make a bond claim prior to filing suit against the bond. Doing so provides a nonpaying GC one more chance to make payment before suit is brought. Further, if sent to the surety, it will alert the surety that payment issues may be present on the project - and with pressure bearing down on the GC from their surety, securing payment should be easier.

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