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|Miller Act Legal Venue|
on Monday, February 04, 2002 - 04:30 pm:
By Anonymous on Monday, February 04, 2002 - 02:04 pm:
Anon, US District Court is the proper venue for any action
pusuant to the Miller Act, according to my information
Anon, if you are the sub, if you haven't already done it, I'd suggest that you contact the bonding company. The Government should furnish you basic information about the bond. happy sails! joel
My agency encountered a similar situation to what anon is
describing. A sub on a federal construction contract with a
Miller Act payment bond, performed work on private land. The sub
wasn't paid by the prime contractor. Instead of going through
federal district court the sub chose to go through state court.
Unfortunately (especially for our program), the private
landowner was named as a co-defendant in the suit brought by the
sub. A real property lien was placed on the private land owners
property IAW state law. We now have landowners (especially the
private landowner named in this suit), who for good reason, are
gunshy about entering into agreements for us to perform work on
Might it be appropriate in this type of situation that the Prime to a Federal entity might include a clause in its subcontracts that basically states (assuming ADR or some other dispute clause isn't in)that if the subcontract is a result of a Federal endeavor, that any litigation would be under Federal jurisdiction or in that forum?
State court action would be through a lien action. I asked my
attorney about lien rights on Federal contracts on non-federal
property, but he hasn't answered me, yet.
Anonymous on Tuesday, February 05, 2002 - 11:52 am: Has your agency taken any steps to solve the problem? A private landowner who cooperates with a Federal program by allowing any such work on their property should be insulated from such actions. If not, any number of similar programs dependent upon such agreements will be damaged. There must be a legal or contracting solution.
Federal project on non-federal property may provide more than one remedy to an unpaid supplier, subcontractor or person providing labor. You should contact an attorney for specifics, depending upon the circumstances and location of the project. At any rate, an action against the payment bond is pursued in Federal District Court, as I stated earlier, not State Court. happy sails! joel
It is difficult to tell, but I get the impression the
original post may be from the landowner. It is questioning the
state court venue, hardly the position of the sub. It also
appears the post is unlikely from the prime or the agency.
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