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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've written about the Miller Act in previous posts right here on the Construction Law Monitor.   But we're not the only act in town, take a look at the Miller Act conversations on the Construction Lien Blog, as well as the Federal Construction Contracting Blog.

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:

1. Determine if you have the right to file a claim
2. Send Miller Act Notice to the prime contractor within 90 days from last furnishing labor/materials
3. Sent Notice to the surety (optional)
4. 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.

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Big thank you to our friend Christopher Hill who operates the Construction Law Musings blog for allowing me to become his blog's first three-time Guest Post Friday writer.

This morning, Musing's published a blog post I wrote titled "A Lien By Any Other Name Can Sound Just As Sweet."  

The article provides readers with a broad overview of the lien-like remedies available to them, as they differ based upon the classes of projects. In large part, the article explains the difference between a traditional lien (filed against the property on private projects) and a "claim" type of lien (filed against a bond on a state and federal project).

Of course, this post only skims the surface, but sometimes, it's the basic information that is needed to help folks understand the details. And why is it important to understand these details? The article on Musings concludes with that answer as follows:

Regardless of what class of project you’re working on, a lien-like remedy is probably available to you in the event of non-payment. However, it’s critical to understand the different remedies available at the onset of construction, for each remedy carries different pre-lien or pre-claim requirements.

Take a look at the article by clicking him, and be sure to subscribe to Christopher's blog which posts great information relevant to those in the construction industry.

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