Miller Act Questions

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A GC is telling us that a college in TN is a federal project which is why the retainage amount is 10%. They did send us information for a law showing Federal projects are allowed to have up to 10%, but the way it seemed worded was only if the work was not satisfactory. So now we are trying to understand how a college is a federal project and how we find out if by them holding the 10% instead of 5%, if they are stating our work is not satisfactory. They have told us everything looks good so far....Read More
Anonymous Contractor
1 answerAdd commentJun 27, 2018
TennesseeMiller ActRetainage
I have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA...Read More
Anonymous Contractor
3 answersAdd commentAug 3, 2022
IllinoisBond ClaimsCash FlowConstruction ContractLien on FundsLien WaiversMechanics LienMiller ActPay ApplicationsPay When PaidPreliminary NoticePrompt PaymentRetainageSlow Payment
We are the Subcontractor in a contract with General Contractor for the framing of a hotel. We filed a timely invoice at end of April for payment on 35 % of total job completion. We were told that Owner approved the payment. We have been waiting for the Contractor to get paid so we could get paid. (Pay when Paid) Should have been around 30 days per contract. In May we lost a lot of manpower and thus productivity. General contractor lied to us and said they still had not been paid by Owner and that we needed to improve our manpower. We actively pursued remedy and procured additional crew to start this coming week. GC says they want to see us improve in quality and manpower. GC now thinks we should not receive the 35% payment for work already performed even though it had been approved. Moreover, I just found out in late afternoon that GC has been dishonest as they actually did get paid by Owner earlier this week. GC was even trying to get Subcontractor to change their submitted invoice on the percentage of work completed while they secretly withheld that they received payment from Owner. When I directly asked president of GC this afternoon if they had received payment from Owner, he completely denied it and stated that they need to see improvement from Subcontractor prior to payment. What would be my best next step to secure payment from a GC who is intentionally delaying payment on work that has already been completed ? Not to mention subcontractor needs the funds to secure lodging for the increased manpower that GC required the Subcontractor to remedy. ...Read More
Anonymous Contractor
Waiting for answerAdd commentJun 18, 2022
WyomingMiller ActNotice of Intent to Lien
I did a job for a GC on the gov. site. i proved the labor and have not been paid yet so i filed a bond what is the next step in getting paid. ...Read More
Anonymous Subcontractor
Waiting for answerAdd commentDec 6, 2021
South DakotaBond ClaimsCollectionsLawsuitMiller ActPayment Bond
I'm a Subcontractor that worked on a large commercial project. I finished my work on the job on 10/22/2021 last month but I haven't gotten paid- and my customer isn't returning my calls. What should I do?...Read More
Anonymous Subcontractor
1 answerAdd commentNov 22, 2021
South DakotaBond ClaimsCollectionsMiller Act
I'm a member of the Environmental Commission in a NJ township. We developed, and the township committee approved, an ordinance that requires the developers of commercial solar projects to provide a performance bond as described above before they will be issued a construction permit. Our township attorney and the developer's township attorney are now in the process of negotiating a decommissioning agreement for the developer's about-to-be-installed solar array. At lease one party to that negotiation has questioned whether an NJ jurisdiction (the township) can, in fact, require the developer to provide such a performance bond, notwithstanding the ordinance. Your thoughts? Thanks...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 8, 2021
New JerseyMiller Act
We are contracted with a door manufacture under a GC on a Navy installation, and our contract is with a subcontractor of the GC, and in our contract we have standby and delay times and have over $70k in change orders for being delayed and put on standby numerous times, and the company we are contracted with is stating they don't have to pay us unless the Navy pays them, even though they agreed to our terms for the standby time were disclosed and greed out the gate and we are NOT pay hne paid, our contract is NET 30. We do have a copy of his bond on this job. Is he still liable even if the Navy or the GC don't pay him? Looking for a local attorney to have for these questions too. ...Read More
Anonymous General Contractor
Waiting for answerAdd commentApr 21, 2021
FloridaBack ChargesChange OrdersMiller ActPay ApplicationsPayment BondPayment Disputes
We are a mat'l supplier in Ca., a prelien is in place for a large job. The job is located on a US Air force base. The miller act, federal payment bond is in the general contractor's name. Is this still effective for our customer? ...Read More
Anonymous Contractor
1 answerAdd commentApr 8, 2021
CaliforniaMiller Act
I was a subcontractor on federal job and we havent been on the job site since Sept last year. Can I still do a Bond claim?...Read More
Anonymous Subcontractor
1 answerAdd commentMar 23, 2021
NevadaBond ClaimsMiller Act
I did some work at a Naval yard for a first tier sub contractor. As the work progressed the sub contractor said that I was working for the General contractor and to get my contract from them. The General said that the change orders would be coming in and the contract would be worked out. After three months we finished our work without a contract from either party. Both contractor and sub contractor refused to pay for or furnish a contract for the work that was completed satisfactory. We filed a lien in 2018 and supplied all the data to the GC. The GC, sub contractor or bonding company did not pay us any of the $69,000.00 owed. Because of not having a contract my attorney said I had no case. Now it looks like the statute of limitation has run out. Do I have any options left? ...Read More
Anonymous Subcontractor
1 answerAdd commentJan 22, 2021
TexasMiller Act
I need an attorney in the Riverside area familiar with Miller claim ....Read More
Anonymous Contractor
3 answersAdd commentNov 30, 2020
CaliforniaMiller Act
We were a subcontractor on a federal project, our client (the general contractor) hadn't paid us our final payment in now over 120 days. We just received a partial payment from them as well as a "deductive MOD" to our contract in which the deductions they are stating are not plausible. How do we proceed in getting paid? Should we file a miller act on payment bond or what legal options do we have? Thanks...Read More
Anonymous Subcontractor
2 answersAdd commentNov 5, 2020
CaliforniaBond ClaimsConstruction ContractMiller ActPayment Disputes
Are subcontractors required to provide a payment bond performing work on a federal government construction project costing $80,000.00??...Read More
Anonymous Contractor
2 answersAdd commentJul 27, 2020
New JerseyBond ClaimsConstruction ContractMiller ActPayment Bond
I was sent Bond of affidavit claim form from a surtey company. Do i need to still file a complaint with the courts? Can i get assistance even though ive already completed the administrative process and never got response? Or can i just fill out bond then deposit it with the court? If there a maximum i can seek for damages? Non judicial administrative process do i just go get judgement? Any and all help is appreciated.....Read More
Anonymous Property Owner
2 answersAdd commentSep 27, 2020
TexasBond ClaimsCoronavirusLien ReleasesMiller ActPayment BondRecovery OptionsRight to Lien
I'm a subcontractor that worked on a federal building project. Our last day on the project was 10/4/2019 but we still have not been fully paid. I used Levelset to send in a Miller Act Claim on 9/24/2020. What are the next steps we need to take to enforce our Miller Act Lien Rights?...Read More
Anonymous Subcontractor
1 answerAdd commentOct 5, 2020
CaliforniaMiller Act