I installed an asphalt parking lot for Carl pipkin Army recruiting center in Beaumont Texas 90 days ago and have not been paid a dime I was a subcontractor for SAMES Inc out of McAllen Texas I’ve already filed a Miller Miller act claim on this company how can I file a lien against a bonding company
You can review the claims provisions of the Miller Act at the following web link:
https://www.law.cornell.edu/uscode/text/40/3133
Concerning the assertion of a claim against the payment bond surety, Miller Act 40 USC section 3133(b) states in part:
(b)Right To Bring a Civil Action.—(1)In general.—
Every person that has furnished labor or material in carrying out work provided for in a contract for which a payment bond is furnished under section 3131 of this title and that has not been paid in full within 90 days after the day on which the person did or performed the last of the labor or furnished or supplied the material for which the claim is made may bring a civil action on the payment bond for the amount unpaid at the time the civil action is brought and may prosecute the action to final execution and judgment for the amount due.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.
Hello!
You do not "file a lien against the bonding company". You provide the surety with notice. The same notice that you would have provided to the company.
The notice you provide must state the amount of the claim, the party to whom the material or labor was provided to, and should probably contain the labor or material provided. Something akin to an invoice should probably be attached.
This notice should be sent around the same time as the notice to the contractor but it does not look like there is a set date.
There are some additional requirements to enforcement but you can find those HERE
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com