Miller Act

News & Analysis as of

U.S. Supreme Court May Strongly Enforce Forum Selection Clauses: Many Businesses Will Breathe a Sigh of Relief, While Smaller...

The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more

Increasing Your Recovery Under A Federal Payment Bond Claim

Federally owned construction projects are covered by a Miller Act Payment Bond for the benefit of the subcontractors and suppliers thereof. If you make a claim for payment under the Miller Act, you may, under certain...more

Ninth Circuit Overturns Precedent, Finds Miller Act’s One-Year Statute of Limitations Is a Claim-Processing Rule, Not a...

First In United States ex rel. Air Control Technologies, Inc. v. Pre Con Industries, Inc., --- F.3d ---, 2013 WL 3242673 (9th Cir., June 28, 2013), the Ninth Circuit Court of Appeals held that the one-year statute of...more

You Say “Tomato,” I Say “Tomahto” – Not All Deadlines Are Created Equally – At Least Under the Miller Act

Deadlines. Being a litigator I take deadlines serious. Cases can be won or lost by failing to meet deadlines. But when is a failure to meet a deadline an absolute bar to making a claim and when might it...more

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