Home>Levelset Community>Legal Help>We are an engineering firm who worked as as sub for another engineering firm. We were not bonded. Neither company was required to furnish bonds-since we are engineers, not construction contractors. Does the Miller Act apply here where there was no bonds?

We are an engineering firm who worked as as sub for another engineering firm. We were not bonded. Neither company was required to furnish bonds-since we are engineers, not construction contractors. Does the Miller Act apply here where there was no bonds?

New YorkBond Claims

1 reply

Nov 21, 2017

Whether Miller Act rights exist will depend on the project type, the party who hired the engineering firm for whom you subcontracted, and the exact type of work that you performed. First, the Miller Act will only apply if the project is federal and exceeds $100,000. Next, if the engineering firm who hired you was hired by the public authority or some other party without a bond, a bond claim under the Miller Act will not be an available remedy. However, if the party who hired you was hired by the general contractor, there may be bond claim rights against the GC's bond. Courts have been extremely strict in construing what qualifies as "labor" under the Miller Act, though, and a little inconsistent, to boot. Engineers, design professionals, and architects typically will not qualify, but if some work and/or labor was performed on site, this determination could get much trickier. Ultimately, you should consult with an attorney to take a look at your situation and decide on a plan to move forward.

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