I am in California, our company is starting a Federal project. Do we use a "Private" or "Public" preliminary notice on the project? There is a bond on the project.
2 replies
Apr 13, 2021
Federal projects are governed by the Miller Act federal statutes and don't require a preliminary notice. But they do require other notices and you should consult an attorney to ensure you are appropriately protectiing your legal rights.
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Apr 15, 2021
Federal jobs fall under the Miller Act and don’t use the preliminary notice forms that are used on typical private and public jobs. A contractor does NOT have mechanic’s lien or stop notice rights on federal jobs but you DO have rights against the payment bond if you’re a sub or supplier. If you have a contract with the general contractor, you don’t need to send any kind of preliminary notice. If you don’t have a contract with the general contractor (i.e. you’re a sub to a sub) then you need to send a Miller Act notice within 90 days last furnishing labor or materials to the job, and it must be sent to the general contractor by registered mail (not certified mail or regular mail). The rules are totally different for federal jobs so I strongly advise you to consult with an experienced construction attorney before you start this type of project to make sure your rights are protected.