News & Analysis as of

Miller Act

Gray Reed

Ready for Takeoff? Another Step Forward for Commercial Manufacturing at NASA’s Exploration Park

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NASA’s Exploration Park development has taken another step forward. The American Center for Manufacturing and Innovation (ACMI) and its ACMI Properties affiliate have agreed to lease 207 of the NASA development’s 240 acres. ...more

Seyfarth Shaw LLP

Fourth Circuit Clarifies What Qualifies As “Labor” Under The Miller Act

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Under the Miller Act, 40 U.S.C. §§ 3131 et seq., contractors hired to work on federal construction projects are required to furnish payment bonds in order to ensure payment to certain persons that provide labor for the...more

Robinson+Cole Construction Law Zone

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more

Seyfarth Shaw LLP

Surety Liability Under the False Claims Act

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The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn...more

Cohen Seglias Pallas Greenhall & Furman PC

Haven’t Been Paid? Preserve Your Rights Under the Miller Act

One of the most common issues subcontractors face is non-payment. Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an...more

J.S. Held

Exposure Analysis: The Performance Bond Cost to Complete

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When faced with a performance bond claim, the Surety will often seek to determine its overall exposure or expected loss. Once determined, the Surety can use this information to make educated decisions as to how to address its...more

Pillsbury - Gravel2Gavel Construction & Real...

Performance Bond Primer: Need to Knows and Need to Dos

If you are a construction contractor, you deal with performance bonds as part of your business and daily work. They are necessary for almost every project you are participating or will participate in, and, along with other...more

Bradley Arant Boult Cummings LLP

Miller Act Suit Stayed until CDA Remedies Exhausted

A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more

Bradley Arant Boult Cummings LLP

Timing Is Everything: Miller Act Notice Defect Saves Surety

The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more

PilieroMazza PLLC

5 Steps for Preserving and Preparing Your Miller Act Claim

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As the United States economy continues to grapple with the unprecedented impact of the coronavirus pandemic, many contractors are concerned about making and receiving payment for work. The Miller Act provides the process for...more

Burr & Forman

Can A Construction Contractor Email Notice of a Claim? Maybe!

Burr & Forman on

A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more

McCarter & English Blog: Government Contracts...

The Sword Of Damocles Hangs Over Miller Act Sureties And Brokers: Scollick Case Stayed Sixty Days For Mediation, But Outcome...

On August 6, 2014, plaintiff-relator Andrew Scollick filed a complaint in the United States District Court for the District of Columbia against eighteen defendants for multiple violations of the False Claims Act (“FCA”) in...more

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Rejects Government’s Frivolous Fraud Defense

Many of our clients have noticed that the Government is increasingly using accusations of contractor fraud as a defense to valid claims, even when there is no evidence that the contractor intended to deceive the government. ...more

Cohen Seglias Pallas Greenhall & Furman PC

Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA

Presented by Cohen Seglias Associate Jackson S. Nichols on March 28, 2019. Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. ...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Get Paid: Tips and Tricks for Construction Companies in DC, Maryland, and Virginia - March 28th, 12:00pm ET

Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. Fortunately, there are a number of tools available to help contractors,...more

Troutman Pepper

Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act

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United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of a levee wall on the National Mall in Washington,...more

Troutman Pepper

Federal Circuit, Citing The Christian Doctrine, Holds That Performance And Payment Bonds Are Required For All Construction...

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K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) - In September 2013 K-Con, Inc. (“K-Con”) entered into two contracts with the government to supply and construct pre-engineered...more

Baker Donelson

Bonds Required on Federal Construction Projects Even if Contract is Silent

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The Federal Circuit Court of Appeals very recently issued an important decision in K-Con, Inc. v. Secretary of the Army which requires a construction contractor to provide performance and payment bonds, even though the...more

Saul Ewing LLP

The Miller Act Applies Even if Contract Does Not Contain a Bonding Requirement

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United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the...more

Kilpatrick

Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract.

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On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction in Brief: 2018 Volume 2

Pulling the Continuous Trigger: Insurance Policies and Progressive Property Damage in New Jersey - When a property owner claims damages due to defective construction, the first step for a contractor is to notify its...more

Troutman Pepper

Claimant Is Not Required To Conduct An Investigation Into The Veracity Of The Representation To Prove Justifiable Reliance When...

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Fisk Elec. Co. v. DQSI, L.L.C., 2018 U.S. App. LEXIS 17914 (5th Cir., June 29, 2018) - DQSI, L.L.C., (“DQSI”) a general contractor, was hired by the Army Corps of Engineers (“Corps”) for a pump station construction...more

Troutman Pepper

Subcontract Provision Requiring Subcontractor To Pass Through Its Claims Does Not Prevent The Subcontractor From Suing To Recover...

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Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Critical Considerations When Drafting and Negotiating Federal Government Subcontracts - July 17th, 1:00pm ET

Join Cohen Seglias Federal Contracting attorneys Maria Panichelli and Micahel Richard for their Lawline Continuing Legal Education (CLE) webinar, "Critical Considerations When Drafting and Negotiating Federal Government...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Essential Considerations in Federal Subcontracting - June 21st, 1:00pm ET

On June 21, Cohen Seglias partner Maria Panichelli is presenting the Govology webinar "Essential Considerations in Federal Subcontracting." In this webcast, Maria will cover the essential issues that prime contractors and...more

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