Tag Archives: payment bond

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.

My Top Ten Construction Law Musings Posts To Date

Posted on January 28, 2022 by Christopher G. Hill • 2 Comments

Bond Claims, Business of Construction, Construction, Construction Law, Guest Post Friday, Mechanic's Liens

Originally posted 2013-02-08 09:00:34. For this week’s Guest Post Friday, we welcome back Josh Johnson (@josh_c_johnson and one of @vaconstrlawyers). Josh is a friend and partner at Gentry Locke Rakes & Moore, LLP in Roanoke, Virginia. He is in Gentry Locke’s construction practice group and he also oversees the firm’s e-Discovery and information management processes.

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.

General Indemnity Agreement Can Come Back to Bite You

Posted on August 12, 2019 by Christopher G. Hill • 0 Comments

Bond Claims, Business of Construction, Construction, Construction Law

I talk about payment bonds often here at Construction Law Musings. I talk a bit less about performance bonds and even less about the General Indemnity Agreements (GIA) that are signed by companies and their principals as part of the agreement between a construction company and its bonding company for the provision of these bonds.

Contractors in Virginia Need To Be Ready for July 1, 2011

Posted on November 24, 2016 by Christopher G. Hill • 0 Comments

Bond Claims, Business of Construction, Construction, Construction Law

The Virginia General Assembly has passed a couple of bills, effective July 1, 2011, that will affect contractors’ and other construction professionals’ rights to payment and where they can and should bring their construction related claims. The first set of changes are to Virginia’s “Little Miller Act” of which I have spoken on many occasions

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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