Miller Act

This is the main page for articles about the Miller Act. The Miller Act is a federal law, passed in 1935, that provides payment recovery options to most contractors and suppliers on a government project. Because contractors aren’t allowed to file a mechanics lien on government property, this law guarantees that certain contractors have another legal option to recover payment. If you need help with the Miller Act, browse the articles below.

Under this law, the prime or general contractor must secure a contract surety bond and a contract performance bond on certain federal building projects. US Government-owned building projects, including new construction, remodeling, and repairs, that cost more than $100,000 must comply with these requirements before work can commence.

This law covers first and second-tier subcontractors, first-tier suppliers, and second-tier suppliers under contract with a first-tier subcontractor, but not those second-tier suppliers under contract with another supplier (e.g. “suppliers-to-suppliers”).

The Act does not cover prime contractors, third-tier suppliers, and third-tier subcontractors.

If you have questions that the blog doesn’t answer, feel free to ask them on the Expert Center where you’ll receive legal advice from a construction attorney for free. And remember, research is always the first step to learn how to use the Miller Act to get paid!

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