Comments on: No Miller Act Setoff for Non-Federal Claims http://constructionlawva.com/no-miller-act-setoff-for-non-federal/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Sat, 31 Jul 2010 23:43:09 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: federal project http://constructionlawva.com/no-miller-act-setoff-for-non-federal/comment-page-1/#comment-2488 federal project Mon, 29 Mar 2010 12:33:26 +0000 http://constructionmusings.solopracticeuniversity.com/no-miller-act-setoff-for-non-federal-claims/#comment-2488 [...] Committee approved more than $10 million for the three Iowa facilities last week. Confirmation ...No Miller Act Setoff for Non-Federal Claims | Construction ...A review of an interesting case from the Eastern District of Virginia relating to Miller Act bond [...] [...] Committee approved more than $10 million for the three Iowa facilities last week. Confirmation …No Miller Act Setoff for Non-Federal Claims | Construction …A review of an interesting case from the Eastern District of Virginia relating to Miller Act bond [...]

]]> By: Christopher G. Hill http://constructionlawva.com/no-miller-act-setoff-for-non-federal/comment-page-1/#comment-182 Christopher G. Hill Mon, 24 Aug 2009 13:31:57 +0000 http://constructionmusings.solopracticeuniversity.com/no-miller-act-setoff-for-non-federal-claims/#comment-182 I think that the notice has to be certified in any event. If the reply card states "Refused" you know that you have fulfilled your duty under the notice provisions. If it comes back "not found" then it may get trickier, but you should be okay if you do what you need to under the statute. I think that the notice has to be certified in any event. If the reply card states “Refused” you know that you have fulfilled your duty under the notice provisions. If it comes back “not found” then it may get trickier, but you should be okay if you do what you need to under the statute.

]]> By: nick http://constructionlawva.com/no-miller-act-setoff-for-non-federal/comment-page-1/#comment-175 nick Fri, 21 Aug 2009 15:24:02 +0000 http://constructionmusings.solopracticeuniversity.com/no-miller-act-setoff-for-non-federal-claims/#comment-175 Re-notification from sub to prime contractor in federal miller act case (90 days from last day .) What if the prime refuses to reply to or acknowledge any mail, e-mail. certified mail, etc? How does the court act on this matter? Re-notification from sub to prime contractor in federal miller act case (90 days from last day .)
What if the prime refuses to reply to or acknowledge any mail, e-mail. certified mail, etc?
How does the court act on this matter?

]]> By: Christopher G. Hill http://constructionlawva.com/no-miller-act-setoff-for-non-federal/comment-page-1/#comment-149 Christopher G. Hill Wed, 05 Aug 2009 14:41:18 +0000 http://constructionmusings.solopracticeuniversity.com/no-miller-act-setoff-for-non-federal-claims/#comment-149 However, if the point of the Miller Act is to assure that subcontractors on Federal projects (without mechanic lien rights) have recourse to assure payment and therefore reason to bid on these low margin projects, the ruling could be seen as good public policy. <br /><br />On the other hand, it could either limit a surety's desire to be part of the process of Federal contracting or make sure that it keeps a better eye on the payment stream. However, if the point of the Miller Act is to assure that subcontractors on Federal projects (without mechanic lien rights) have recourse to assure payment and therefore reason to bid on these low margin projects, the ruling could be seen as good public policy.

On the other hand, it could either limit a surety's desire to be part of the process of Federal contracting or make sure that it keeps a better eye on the payment stream.

]]> By: Tim Hughes http://constructionlawva.com/no-miller-act-setoff-for-non-federal/comment-page-1/#comment-148 Tim Hughes Wed, 05 Aug 2009 14:37:38 +0000 http://constructionmusings.solopracticeuniversity.com/no-miller-act-setoff-for-non-federal-claims/#comment-148 This is definitely a very interesting case. The Eastern District has some very tough rulings against sureties and this only continues the trend. This is definitely a very interesting case. The Eastern District has some very tough rulings against sureties and this only continues the trend.

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