Miller Act Notice

A Miller Act Notice (or Miller Act Claim) is used to seek payment for work on federal construction projects, instead of a Mechanic's Lien. Since the federal government does not permit liens on its property, the Miller Act allows suppliers and subcontractors to claim their payment rights.

The Miller Act applies to federal contracts over $100,000 for the construction, alteration, or repair of public buildings or works. It does not cover public construction contracts with state or local governments.

These 4 groups can file a claim under the Miller Act:

1. First-tier subcontractors who work directly with the main contractor.

2. First-tier suppliers who provide materials directly to the main contractor.

3. Second-tier subcontractors who work with a first-tier subcontractor.

4. Second-tier suppliers who provide materials to a first-tier subcontractor.

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The Miller Act should be filed within one year of the last day of the claimant's furnishing labor or materials.

Here are the steps to send a Miller Act Notice -

Step 1 - Confirm the Project Type: Ensure you're working on a qualifying federal construction project, such as those for the U.S. Military or Department of Veterans Affairs.

Step 2 - Obtain Information: Request the names of the surety and public entity in charge of the project.

Step 3 - Send a Miller Act Notice: Deliver the notice within 90 days of your last day on the job.

Step 4 - File a Suit: If you’re a first-tier or second-tier subcontractor, you have up to one year from the last date you provided materials or services to file a suit on the bond.

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