Originally posted 2013-02-11 09:00:06. 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 […]
Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
Originally posted 2021-06-09 14:43:40. It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation […]
Don’t Let Receivership Kill Your Miller Act Claim
Originally posted 2013-01-01 10:00:19. In this economy, even the companies that provide bonding for construction companies may have financial difficulties, and even go into receivership. Recently, the U. S. District Court in Norfolk, VA decided an interesting case relating to an interestingly named project. In U.S. v. Western Ins. Co., the court considered the default […]
Aarow Equipment v. Travelers- An Update
Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if […]
Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object
Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While […]