Home>Levelset Community>Legal Help>Can you offer some general information on P3 projects - Public Private Partnerships - where the bond may not be required or it may have a private bond instead of a Miller Act bond?
Can you offer some general information on P3 projects - Public Private Partnerships - where the bond may not be required or it may have a private bond instead of a Miller Act bond?
While some states have specific P3 legislation, https://news.zlien.com/protection-provided-for-kansas-p3-projects/, the majority don't so the appropriate avenue to recovery is dependent on the "actual" underlying project type or property. Practical speaking, if there is a bond on the project, the bond may provide the most accessible avenue to recovery as any potential mechanics lien (even if applicable) would likely on;y be ab;e to attach to the private interest in the property and not the underlying property itself.
You are correct that there could be a bond on the project not governed by the state's little miller act (or, if a federal P3 project the federal Miller Act). In these cases, the applicable requirements would either be set out by the bond itself, or, in some situations by the private bond claim section of the state's statutes.
The fact of the matter is that general information regarding how to go about navigating a claim for nonpayment on a P3 project is difficult since the projects are generally required to be examined on an individual basis. However, obtaining a copy of the bond (if there is one) at the beginning of the project is a good first step and can go a long way in simplifying any eventual claim.