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Do I have any options left regarding the Miller Act?

TexasMiller Act

I did some work at a Naval yard for a first tier sub contractor. As the work progressed the sub contractor said that I was working for the General contractor and to get my contract from them. The General said that the change orders would be coming in and the contract would be worked out. After three months we finished our work without a contract from either party. Both contractor and sub contractor refused to pay for or furnish a contract for the work that was completed satisfactory. We filed a lien in 2018 and supplied all the data to the GC. The GC, sub contractor or bonding company did not pay us any of the $69,000.00 owed. Because of not having a contract my attorney said I had no case. Now it looks like the statute of limitation has run out. Do I have any options left?

1 reply

Jan 27, 2021

Absolutely,

If you can prove that work was done on the property, you have a claim for Breach of Contract against the GC and the 1st Tier Sub. The Statute of Limitations on Breach of Contract is 4 years and a contract can be construed multiple ways.

Did you file a lien or did you perfect against a bond under the Miller Act? It matters.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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