If your company is a subcontractor or supplier for public construction projects, you are likely protected by a Miller Act law. If the project is a Pennsylvania public project, you may be covered under the Pennsylvania Little Miller Act. This law protects subcontractors and suppliers by ensuring they are paid even if the main contractor defaults.
Any payment issue is stressful, but knowing there is recourse through the Little Miller Act can hopefully provide some comfort. If you are in this unfortunate situation, filing a claim may be appropriate. Below is a brief overview of the process, but the skilled Little Miller Act attorneys at National Lien & Bond can help you navigate it.
When to Bring a Claim & Giving Notice
If your company has not been paid for work or supplies provided over 90 days ago, you can file a claim. Before filing a claim, you must legally notify the prime contractor. Providing notice is more than just making a call or sending an email stating you intend to bring a claim. Your notice must include (1) the name of the party you performed the work for or sold the materials to and (2) the amount you are claiming. If you don’t include these components, your claim may not be considered legally valid, and payment may be delayed.
Filing the Little Miller Act Claim
If you still have not received payment after providing notice, you can file a claim with the surety company. The initial bond paperwork will detail what information is required from you to successfully process your claim. Any time you begin a public construction project, you should request a copy of this paperwork from the prime contractor or the contractor you are working with to ensure that if a problem arises, you have all the information you need.
Pursuing a Little Miller Act Lawsuit
If your payment problems persist, filing a Pennsylvania Little Miller Act lawsuit may be the best course of action. You have one year from the last date you provided labor or supplies to the project, so don’t wait to get legal guidance, or you may miss your opportunity to be compensated.
The seasoned attorneys at National Lien & Bond have helped clients on over 25,000 public construction projects throughout the country and can help you as well. National Lien & Bond attorneys have recovered over $9 billion for our clients, with an average claim value of over $360,000. Contact us today to have National Lien & Bond fight for the payment you are owed.