Looking for a Miller Act Claim Notice Form in Florida?

A Miller Act Claim is a legal claim filed by subcontractors or suppliers to recover payment for work or materials provided on a federal construction project when the general contractor has failed to pay.

You must file your claim within 90 days from the date you last provided labor or materials to the project.

The Miller Act affords protection to first and second-tier subcontractors and material suppliers.  Specifically, it applies to the following four groups:

1. First-tier subcontractors who contracted directly with a prime contractor;

2. Second-tier subcontractors who contracted directly with a first-tier subcontractor; and

3. Second-tier material suppliers, who contracted directly with a first-tier subcontractor.

The Miller Act applies to all contracts greater than $100,000 for “the construction, alteration, or repair of any public building or public work” where the federal government is the owner.  The Miller Act does not apply to public construction contracts entered into by state and local governmental entities.

No, the Miller Act requires that a payment bond be in place for claims to be valid. If no bond exists, you may need to pursue other legal remedies.

If your claim is denied, you have the right to appeal or seek legal counsel to pursue further action.