United States
Notice of Claim on Bond (Miller Act)-Public Works

 Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond.

Scope: United States, Public Works (Miller Act).

Special Note: At times there may be a question as to whether a certain project falls under the jurisdiction of the Miller Act. The construction, alteration or repair of any public building or public work of the federal government has been defined as including any work in which the United States is the owner, or has an interest, and all fixed works constructed for public use at the expense of the United States.

Although federal funding alone does not necessarily make a job a federal project or public works for purposes of the Miller Act, it may not be necessary for the United States to actually be the contracting party to make a claim under the Miller Act.

It should note that the Miller Act limits the protection of the bond to those who have an actual contractual agreement with the prime contractor or a subcontractor. Therefore, those having a more remote relationship, such as persons supplying labor or material to a 'material man', may not be protected.

Time Constraints: If you have not been paid in full, you must serve your Notice of Claim on Bond within 90 days of the completion, or cessation, of your work of improvement or supplying of material or services. Serve a copy of said notice by registered mail (the statute specifies registered mail, but most folks use certified mail) certified mail or personal service on the public entities, general contractors and sureties (your customer is optional).

Perfection: Lien Claim: To perfect your Lien Claim, you must file suit to enforce the lien 90 days after serving the Notice of Claim on Bond but within 1 year of your last furnishing.

Payment Bond: Where a Payment Bond has been provided by a surety file suit against the surety within the time frame required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of bond claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond immediately on the public entities, general contractors and sureties within the time constraints listed above. Service on your customer is optional.

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