project exceeding a cost of $100,000 to post a payment bond and a separate performance bond in the amount of its contract price with the U.S. government. The Miller Act, in its original form, was enacted in 1935, and was applicable to contracts exceeding $2,000. It was designed as an alternative remedy to the mechanic’s lien available in ordinary private construction disputes because a lien cannot attach to government property. The Miller Act "represents a congressional effort to protect persons supplying labor and material for the
construction of federal public buildings in lieu of the protection they might receive under
state statutes with respect to the construction of nonfederal buildings." Mai Steel Serv. Inc.
v. Blake Constr. Co., 981 F.2d 414, 416-17 (9th Cir. 1992). The Miller Act permits a
subcontractor or material supplier to bring suit on the prime contractor’s payment bond for
any unpaid amounts owing for labor or materials, even if the claimant has no contractual relationship with the prime contractor.
Agenda
Eligible ClaimantsClaim Against the Prime Contractor's Payment Bond
Lawsuit
Faculty
David E. Linville
Linville Law Firm PLLC
- Member of Linville Law Firm PLLC in Seattle
- Focuses on construction law representing all of the various players in the construction field
- Liens are a daily part of his practice, whether it is filing liens for clients, foreclosing on liens through lawsuits or defending against lien claims
- Regularly presents seminars on lien laws and construction contracts in Washington
- Certified as an approved instructor by the director of the Washington Department of Licensing
- J.D. degree, University of Washington; B.A. degree in economics
- Can be contacted at 206-515-0640 or [email protected]
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