Step-By-Step Guide to Filing Miller Act Claims at Avvo.com
On March 9, 2010
By Scott Wolfe Jr
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In today’s economic climate, even contractors who typically work on private projects are testing the waters with federal and state construction works. And unfortunately, these newcomers are finding themselves a bit lost in procedures when it comes time to get paid.
In the event a federal project (or GC on a federal project) goes sour, contractors and materials suppliers must turn to the Miller Act as a remedy.
We talk about Miller Act Claims on this blog here and there, but there are some other great resources out there on the topic. Take a look at the Miller Act conversations on the Construction Lien Blog or the Federal Construction Contracting Blog for example.
In addition to these resources, I’ve just published a Legal Guide on Avvo.com titled “How to File A Mechanics Lien.”
It breaks down the process in four steps, easy on the eyes:
- Determine if you have the right to file a claim
- Send Miller Act Notice to the prime contractor within 90 days from last furnishing labor/materials
- Sent Notice to the surety (optional)
- File Suit Against the Bond within 1 year from last furnishing labor/materials
Take a look at it over on Avvo.com by clicking here.
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
