The federal Miller Act protects subcontractors and suppliers working on public construction projects, and Missouri’s Little Miller Act similarly protects Missouri companies and workers contributing to public state projects. The law mandates that prime contractors use two types of bonds—payment and performance—to further guarantee the safety and security of payments and projects. Payment bonds guarantee that subcontractors and suppliers receive payment regardless of the principal contractor’s financial health. Similarly, performance bonds ensure that the completed construction project matches the construction contract. If you want to file a Little Miller Act claim in Missouri, here’s what you must do.
Obtain Important Bond Information
Even more so than many other states, understanding the details of the payment bond gives Missouri subcontractors and suppliers the ability to file a claim and receive payment for their work. Before starting a construction contract, obtain a copy of the bond from either the public entity responsible for the project or the principal contractor. That way, you know the amount covered by the bond and the terms you must follow to file a successful claim.
Understand Missouri’s Preliminary Notice Requirements
Missouri’s Little Miller Act does not include specific requirements for most subcontractors or suppliers to file a preliminary notice before they make a claim against the payment bond. Instead, any notice requirements will depend on the specific terms within the bond, typically 90 days. However, remote suppliers are required to file a preliminary notice within 90 days of their last supply of labor or materials.
File a Claim Against the Payment Bond
Just like preliminary notice requirements, the deadline for filing a claim against a payment bond is usually found in the bond itself. The jurisdiction of the public project can also influence the allowed timeframe for filing a claim; some jurisdictions respect the bond details, while others may have a shorter requirement. Since Missouri’s Little Miller Act does not allow subcontractors and suppliers to serve a stop order, filing a claim with ample time remaining is paramount to securing payment.
File a Lawsuit to Enforce a Little Miller Act Claim
If making a claim against the payment bond with a surety company does not result in payment, lawsuits are an option. Once again, Missouri’s Little Miller Act generally defers to the bond terms or local regulations for specific lawsuit deadlines. For example, some larger municipalities like St. Louis provide only 90 days after project completion for involved parties to file a lawsuit.
If you aim to file a Miller Act claim in Missouri, the state’s odd requirements and laws complicate the process, especially if you don’t already have a copy of the bond. The experienced Miller Act attorneys at National Lien & Bond can assist you in discovering the specifics of your payment bond and filing a claim to secure payment for your work. National Lien & Bond attorneys have secured over $9 billion in claims for clients in Missouri and every other state, with an average value of over $360,00 per claim. Contact National Lien & Bond today to provide details of your situation and get the help you need to file a Missouri Little Miller Act claim.