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How to send a preliminary notice for an Army Corps of Engineers project

CaliforniaMiller ActPreliminary Notice

How do I find out the specifics of the preliminary requirements for the project? (Federal project) And, who, if I do need to send notices – do I send them to you? I have a copy of the surety bond for the project, and I have been searching the contract number on it, but I am failing to come up with a bid listing for that project? I thought all the requirements would be listed on the bid listing & it would be easy to find, but it doesn’t seem to be that easy. This is a large project & I want to make sure that I protect myself and also that I am adhering to the law / bid requirements. Thank you.

1 reply

Jun 10, 2019
That's a great question. First and foremost: No, preliminary notices aren't required on federal projects. However, sending preliminary notices has benefits beyond preserving the right to make a payment claim (like improving project visibility, communication, and collaboration) - so it's typically a good idea to send notice, regardless of what's required. Sending preliminary notice to any and all higher tiered parties - especially the project owner and the job's prime contractor - can help keep payment issues from arising in the first place.

It's great that you have a copy of the surety bond now, at the start of the project. That way, if payment disputes erupt later on, threats to make a payment bond claim will be taken seriously, and if push comes to shove, it will be easier to proceed with a claim against the bond.

For more information on bond claim requirements for federal projects, these resources have great information:
(1) Miller Act Overview, FAQs, and Statutes
(2) The Miller Act: What You Need to Know and How to Make a Claim.
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