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Miller Act Question

I am working on a Federal Project in Texas. We had to leave the project on May 14, 2020 due to covid. We have no idea when we can return. I have not been paid since March. My question is, does my 90 days for the Miller Act start from the last day I was there, on from when I complete the project?

1 reply

Aug 18, 2020

The deadline to make a Miller Act Claim is based on the last date when the claimant furnished labor or materials to the project. So, if work was stopped on May 14, unless work resumes at some point, that may serve as the last furnishing date. Keep in mind the unique deadlines involved for Miller Act claims, though. If you were hired directly by the GC who supplied the bond, then you would be able to proceed directly to a lawsuit without first making a claim. Granted, it still might be a good idea to place that claim with the surety anyway. In any event, for subs hired by the GC, the deadline to file suit is 1 year after last furnishing. For subcontractors hired by someone other than the GC, a Miller Act claim must be made before proceeding to a lawsuit. That claim is ultimately mailed to the GC (and maybe the surety, if you have that information). The deadline for making that claim is 90 days after last furnishing labor or materials to the project. I hope this information was helpful! For further discussion: (1) Federal Miller Act Guide, Forms & FAQs; and (2) The Miller Act Claims: What You Need to Know to Make a Claim.

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