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Home>Levelset Community>Legal Help>I have a question about a public project we are doing in Pennsylvania. We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act?

I have a question about a public project we are doing in Pennsylvania. We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act?

PennsylvaniaBond ClaimsRecovery Options

We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act?

1 reply

Sep 20, 2017
In Pennsylvania, a bond is required on any job involving a public building or other public work or public improvement, when the work is to be more than $5000. In those cases, the prime contractor to whom the contract will be awarded must provide certain bonds. One of these bonds is a payment bond - of 100% of the contract amount. According to Pennsylvania statutes, "[s]uch bond shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of his subcontractors . . ."

Accordingly, direct contractors are not protected by the bond requirements set forth by the Pennsylvania Little Miller Act. Remedy for nonpayment directly by the public entity is generally a lawsuit (or arbitration if the contract requires, etc.)
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