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Do I have to send the bonding company a prelim notice on a public works "Military" project?

CaliforniaMiller ActPreliminary Notice

I am new here and I see that in the past they didn't send notice to bonding company. I'm thinking they should know as well that we are a contractor potentially requesting their assistance. Am I correct?

2 replies

Jul 11, 2020

You will want to confirm with your customer, but most military projects are federal meaning notice requirments are governed by the Miller Act. There is no preliminary notice requirment on a federal project.

If your contract is directly with the the general contractor, there are no special notice requirements in order to maintain an action against the Miller Act payment bond. If you are a lower tier subcontractor or material supplier you are required to provide notice of any claim to the general contractor within 90-days of your last furnishing of labor or material to the project .

If this not a federal project, then you would need to provide preliminary notice unless you have a direct contractual relationship with the direct contractor. But preliminary notice still does not need to be sent to the surety. Preliminary notice is only required to be sent to the public entity and the direct contractor . There is a special additional requirement if the work was commissioned by the Department of Public Works or the Department of General Services for California, such that the notice must be given to the disbursing officer of the department construction work specifically.

If you require legal assistance, email me at ryan@huntortmann.com for a free telephone consultation.

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Jul 14, 2020
It depends on whether the project is a state project or a federal project. For a state project, you don’t need to file a separate preliminary notice to the bonding company if you sent the regular Preliminary Notice to the public agency, and the general contractor. However, there are special rules for federal projects under the Miller Act. A subcontractor who has a direct contract with the general contractor does not need to give a preliminary/miller act notice. If you were a sub to a sub, then you must give a special preliminary/miller act notice via registered mail to the general contractor within 90 days after you LAST furnished labor or materials on the project.
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