Washington state has its own version of the federal Miller Act, which is found under the state’s Public Contracts and Indebtedness laws. This “Little Miller Act” requires payment and performance bonds when a public works contract exceeds $150,000. The payment bond is meant to ensure that subcontractors and suppliers working on the project are paid for their work or the materials they supply. The Performance Bond Act helps ensure that the project will be completed.
If you are a subcontractor, a sub-subcontractor, or a material supplier to a public job in Washington state, it’s important to make sure you understand what steps you must take to preserve and act on your right to collect on a payment bond.
Preliminary Notice Requirements
A sub-subcontractor to a state government job in Washington or a supplier that provides materials to a subcontractor can preserve their right to file a claim against the project’s payment bond by providing the general contractor with a preliminary notice. That notice must state that the sub-subcontractor has begun to do work for a particular subcontractor or that the materials supplier has already started providing materials to a subcontractor involved in the job.
The notice must also advise the general contractor that the supplier or sub-subcontractor will hold the contractor and the bond liable for nonpayment. This notice must be delivered or mailed (preferably by registered or certified mail) to the contractor no later than ten days after first providing the materials.
Bond Information
While the general contractor must file a copy of the performance and payment bonds with the clerk or comptroller of the city or town where the project is located, often the most effective way to get a copy is to ask the general contractor for it.
File a Notice of Claim Against the Payment Bond
Before a subcontractor or materials supplier can bring a suit to recover against the payment bond for amounts they are owed, they must serve a notice of their claim on the public body responsible for the project. The notice must include certain information, including the amount of the claim, the name of the party for whom the work was done or the materials were supplied, and what work was done or what materials were supplied that were not paid for. That notice must be “presented and filed” with the public entity within 30 days of completing the project and the work being accepted.
File a Lawsuit to Enforce the Claim
If the notice of claim does not result in payment, the next step is to file a lawsuit against the bond to collect what is owed. In most cases, the deadline for filing any such lawsuit will depend on the terms of the payment bond.
National Lien & Bond Can Help
At National Lien & Bond, we make it our business to help construction industry clients get paid for their work and the materials they supply for construction projects. Regarding Little Miller Act claims in Washington State, we are ready to help you ensure you meet every requirement for preserving your right to file a claim against a payment bond and, when necessary, to bring a lawsuit to enforce your claim. Our experienced construction law attorneys have helped clients recover over $9 billion in late payments involving projects all over the U.S., including in Washington State. We’re ready to help you comply with Washington’s preliminary and claim notice requirements and pursue payment in court when necessary.
Contact National Lien & Bond today to learn more about how we can help. Call us at (800) 432-7799 or use our contact form to set up a free consultation.