When performing work on a state or federal project anywhere in the United States, contractors, subcontractors and suppliers cannot turn to the state’s generic mechanic lien laws to understand the applicable notice and lien requirements. Following those regular laws could do absolutely no good.
Instead, potential claimants must understand a completely different set of statutory requirements. If on a federal project, they will look to the “Miller Act.” If on a state project, they will look to a “Little Miller Act.”
As a resource, zlien has published a compilation of Little Miller Acts across the nation. The compilation is very easy to navigate, and once viewing a particular state, you are provided a table of contents for that state’s laws and the full text of the statute.
View it Here: http://blog.zlien.com/miller-acts/
What Is A Little Miller Act?
On state and federal projects across the entire United States, prime contractors are required to post bonds guarantying the performance of their contractual duties and/or the payment of their subcontractors and materials suppliers. If unpaid on these projects, the supplier or subcontractor can file a “lien” or “bond claim” against the bond. On federal projects, these bond requirements and claims are governed by the federal Miller Act. Each state has a “Little Miller Act,” which is a state statute based on the federal Miller Act.
Filing A Claim On A State or Federal Project
Now that you have easy access to the statutes, you may still be wondering just how you go about filing a claim against a federal or state project. As we’ve explained in previous posts, the claim experience is quite different than on a private project. Instead of actually liening the property, the claimant is making a claim against a project’s bond.
Here are some posts that explain these differences: