David Adelstein | Florida Construction Legal Updates When it comes to a Miller Act payment bond claim, there is a one-year statute of limitations—“The Miller Act contains a statute of limitations provision that requires actions to ‘be brought no later than one year after the day on which the last of the labor was performed… Continue reading Miller Act Statute of Limitations and Equitable Tolling
Tag: Miller Act
Haven’t Been Paid? Preserve Your Rights Under the Miller Act
Ryan Boonstra | Cohen Seglias Pallas Greenhall & Furman One of the most common issues subcontractors face is non-payment. Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. Even worse, if a subcontractor fails to take… Continue reading Haven’t Been Paid? Preserve Your Rights Under the Miller Act
There is No Sympathy if You fail to Read Closely the Final Negotiated Construction Contract
David Adelstein | Florida Construction Legal Updates When an opinion in a case starts with, “Unlike some motions, not even the most ingenious lawyers could make this one complicated,” you know you are in for an interesting read. This was how the opinion started in U.S. f/u/b/o Hambric Steel and Fabrication, Inc. v. Leebcor Services, LLC, 2022… Continue reading There is No Sympathy if You fail to Read Closely the Final Negotiated Construction Contract
DMV Little Miller Acts: How to Get Paid on Public Projects
Jackson Nichols and Paul Felipe Williamson | Cohen Seglias Pallas Greenhall & Furman Congress enacted the federal Miller Act to protect contractors who furnish labor and materials on federal projects. Similar statutes are in place in many states for a variety of state and county public projects, including in DC, Maryland, and Virginia. These state… Continue reading DMV Little Miller Acts: How to Get Paid on Public Projects
Miller Act Suit Stayed until CDA Remedies Exhausted
Aron Beezley, Amandeep Kahlon and Douglas Patin | Buildsmart A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors,… Continue reading Miller Act Suit Stayed until CDA Remedies Exhausted