Tag Archives: Little Miller Act

Reminder: Second Tier Subcontractors Have Miller Act Claim

Posted on August 1, 2023 by Christopher G. Hill • 1 Comment

Bond Claims, Construction, Construction Law

Originally posted 2013-02-11 09:00:06.

English: Alexandria, Virginia U.S. Custom Hous... — English: Alexandria, Virginia U.S. Custom House and Post Office (1900)

Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“). These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds.

One question that often arises in this context is which subs can claim against the payment bond. Recently, the Eastern District of Virginia District Court affirmed that a second tier subcontractor has the right to claim against a payment bond under the Federal Miller Act. In U.S. ex rel IGW Electric LLC v. Scarborough, the Virginia federal court considered the claim of an electrical “sub-subcontractor” which held a contract with the subcontractor to build cottages in Norfolk, Virginia for the U. S. Navy.

Contractor Side Deals Can Waive Rights

Posted on July 20, 2023 by Christopher G. Hill • 5 Comments

Bond Claims, Construction Law

Originally posted 2014-04-09 16:16:54. Here at Construction Law Musings, we are quite fond of the Federal Miller Act and it’s Virginia counterpart, the “Little” Miller Act. Both of these statutes allow a subcontractor or supplier on a government construction project the security to perform their work with the knowledge that a bonding company will back

Dump Site Provider Has Valid Little Miller Act Claim

Posted on September 7, 2020 by Christopher G. Hill • 4 Comments

Bond Claims, Business of Construction, Construction Law

Originally posted 2012-09-17 09:00:40. You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.

Payment Bond Claim Notice Requires More than Mailing

Posted on April 24, 2019 by Christopher G. Hill • 1 Comment

Bond Claims, Business of Construction, Construction, Construction Law

Originally posted 2015-07-20 09:00:50. It’s been a while since I posted something new relating to Virginia’s “Little Miller Act” and its various notice requirements for a subcontractor to make a payment bond claim. I have posted on the basics of a Virginia payment bond claim previously here at Musings. One of these basics is the

More on Fraud, Opinions and Contracts

Posted on December 25, 2018 by Christopher G. Hill • 7 Comments

Bond Claims, Construction Law, Contracts

Originally posted 2013-09-20 09:00:39. Here at Construction Law Musings, I have discussed the interaction between fraud and contracts on many occasions. Recently, I got to put my advice into action. I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp. v. Beamon, et. al. in the Portsmouth, VA Circuit Court and

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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