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|Miller Act Payment Bond|
on Tuesday, April 10, 2001 - 11:26 am:
What is proper venue for sub to file suit against contractor
holding a Miller Act payment bond?
If you check out the below link (.pdf file), I believe you
will find a "Miller Act Statement", which is almost current. The
threshold is now $100k, not $25k, as stated in the Statement.
This statement describes the rights of a sub or supplier, under
the Miller Act. Our server or Corps Network is down tonight,
else I'd try to directly answer your question. Hopefully, it
will be back up Wednesday.
Anon, I checked the Statement. It explains that suit must be brought against the bond, in the name of the US Government, in US District Court. I don't know whether a State Court judgement is binding against a surety. Happy Sails! Joel
I did a little reading in the book "Construction Contracting" put out by GWU, Govt. Contracts Program (a number of authors, including Cibinic and Nash). The book indicates that cases are split on whether State court judgments are binding on a Miller Act contractor. This may be a question that our attorney may not be able to answer. Thanks for the input.
Another Miller Act question. Is it proper to furnish copies (not certified copies) of Miller Act payment bonds under FOIA requests made by parties not providing labor or materials under the contract to which the bond was provided?
A good question for your attorney. What FOIA exemption would apply? Happy Sails! Joel
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