I was a subcontractor on a large federal price at the Bakersfield National cemetery. I finished my portion in December 2021 and have not received full payment. I was wondering what my options are to get paid? I’m owed Approx. $145k
Because this is a federal project, there's a lot to unpack here. Some of that will depend on what is actually owed to you, is it retention or contract work? And because it's federal work, you don't have lien rights. But there will be a payment and performance bond for the prime contractor that you can file against.
And so, your rights may be:
1. File a breach of contract claim (probably have to go through your subcontract dispute resolution process first) if the person that you're contracted with isn't paying.
2. File a miller act claim.
Because federal contracting is different ball game, you'll want not just an experienced construction attorney for this--but one who knows the federal contracting laws.
To add to Mr. Dowsing's comments, note that the Miller Act Bond Claim may require a written notice to be timely served upon the general contractor (commonly called the 90 Day Miller Act Bond Claim Notice) and also note that you must file suit no later than one year from the date you last furnished work or materials for the project (excluding warranty or repairs) to enfoce the bond claim.
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