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How do I file a Miller Act claim in Guam?

WisconsinMiller Act

We are a material supplier to a job in Guam, providing airplane hangar doors to the US Navy through a subcontractor, Legacy Buildings. We would like to file a Miller Act claim since we are not being paid timely by Legacy. We do not have the specifics on building owner and whether or not there is Prime Contractor on this job or if Legacy is in fact the prime contractor.

1 reply

Mar 26, 2020
Because the Miller Act is a federal statute, filing a Miller Act payment claim for work done in Guam will be the same as in other locations. Of course, in order to make a claim, it will be crucial to know who the GC is on the project as well as whether the job is bonded. There are a few ways to go about that. For one, simply asking the other project participants - i.e. your customer and the public agency in charge - could be fruitful. They may be willing to share the information about who the GC is and whether the job is bonded/who the surety is. Plus, simply asking for that information could help to show the customer you know you're rights and are willing to use them to get paid. What's more, subcontractors and suppliers on federal jobs are actually entitled to a copy of the project's payment bond. And, requesting the bond information from the public agency in charge of the project requires them to provide you with a copy of that bond. So, if that official request is made, that's a great way to find out whether the job is bonded or not.

How to make a Miller Act claim

First, it's important to determine whether your customer is the GC on the project, or whether they were hired by the GC (or someone else). If your customer is the GC, then a "claim" against the bond won't actually be required. Rather, subs and suppliers hired directly by the GC who provided the bond can jump straight to a lawsuit against the bond. Granted, it might be wise to try and recover payment in other ways before diving right into litigation. If you were hired by someone other than the GC, then the claim would need to be made within 90 days of last furnishing labor or materials to the project. This claim must be sent to the GC. Sending the claim to additional parties - like the surety and the public agency - can also help to put additional pressure on the GC or customer to pay what's owed. Regardless, this must be sent by certified mail with return receipt requested. You can find a free, downloadable template for that claim here: Miller Act Claim Form.

Additional Miller Act claim resources

I hope this was helpful! Below are some additional resources which should be helpful. And, keep in mind that Levelset helps users make Miller Act claims every day - and you can initiate a Miller Act claim here. - Federal Miller Act Guide, Forms & FAQs - The Miller Act Claims: What You Need to Know to Make a Claim
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