Miller Act

793,794, codified as amended in Title 40 of the United States Code) [1] requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.

[4] The Miller Act addresses two concerns that would otherwise exist in the performance of federal government construction projects: The Miller Act applies to contracts awarded for the construction, alteration, or repair of any public building or public work of the United States Federal government.

[10] The suit must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action.

[12] A person having a direct contractual relationship with a subcontractor, but no contractual relationship, express or implied, with the contractor furnishing the payment bond, may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made.

The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed.