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Non-US subcontractor and the Miller Act

Washington DCBond Claims
Anonymous Contractor

Can a non-US first tier subcontractor working on a US-embassy project in Europe file a claim under the Miller Act or does the Miller Act only protect US-subcontractors?

3 replies

Principal Attorney at Katz Law
| 30 reviews
Oct 23, 2020

If a Miller Act bond was provided then the location of the work itself does not matter, other than finding the right US District Court in which to file the lawsuit. Be advised, however, that the Miller Act allows for a waiver of the bond requirement for work overseas in the event providing the bond is "impractical" - so your first step would be to inquire as to whether there is a Miller Act bond for this work. Please feel free to contact me directly if you need any additional assistance.

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Anonymous Contractor
Question Author
Oct 26, 2020
Dear Joseph Thank you for the answer. There is a "Miller Act"-bond, but can a non-US first tier subcontractor claim against the bond or does a subcontractor need to be a US subcontractor?
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Principal Attorney at Katz Law
| 30 reviews
Oct 26, 2020

A claim against a Miller Act payment bond can be brought by anyone furnishing labor and materials to the project - there is no specific requirement to be a U.S. citizen or company. I have routinely represented foreign companies in US lawsuits and arbitrations.   

Disclaimer: This communication does not constitute legal advice, is not an engagement for the provision of legal services, is not a consultation, and does not
form an attorney-client relationship between Katz Law, LLC and yourself or any other person or entity. In all cases, any particular outcome or resSee More...
See More...
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