Embed Size (px)
Citation preview
Got Paid? – The Miller Act
J. Brian Morrow, Esquire NEWMEYER & DILLION
[email protected] www.ndlf.com
Jonathan J. Straw, Esquire KRAFTSON CAUDLE
[email protected] www.KraftsonCaudle.com
Agenda • Key Elements of Federal Miller Act
o Coverage o Timeline o Notice
• How some State “Little” Miller Acts Differ o Virginia o Ohio o California o Nevada
• Questions and Answers
Fed. Miller Act Coverage • Public Works and Public Building construction
projects over $100,000.
Fed. Miller Act Coverage
Notice Not Required
Notice Required
Fed. Miller Act Timeline
2015
Jul Sep Nov
2016
Jan Mar May Jul 2016
1-Year Deadline to File Suit Jul 28
90-Day "Nuisance" Period Expires - May File Suit Oct 26
Last Day Work Performed Jul 28
Oct 26 - Jan 28 Bond Claim Period? Jul 29 - Sep 25 Get Copy of Bond Jul 29 - Oct 23 Notice Period
Fed. Miller Act Quirks • Last Day of Work within Scope of Contract
• Recoverable Damages
o Labor o Materials o Delays o Interest o Attorneys Fees
• Arbitration o Does not toll one-year deadline. o May allow venue in Federal Court outside Project district.
“Little” Miller Acts
Virginia “Little” Miller Act • Any public
construction contract over $500,000 ($350,000 for transportation projects).
• Venue: State Court where project located.
Virginia “Little” Miller Act Coverage
Maybe covered
Virginia Miller Act Timeline
2015
Jul Sep Nov
2016
Jan Mar May Jul 2016
1-Year Deadline to File Suit Jul 28
90-Day "Nuisance" Period Expires - May File Suit Oct 26
Last Day Work Performed Jul 28
Oct 26 - Jan 28 Bond Claim Period? Jul 29 - Sep 25 Get Copy of Bond Jul 29 - Oct 23 Notice Period
Ohio“Little” Miller Act • Any public
construction contract over $30,000
• Venue: State Court where project located.
Ohio “Little” Miller Act Coverage
Probably covered
Ohio Miller Act Timeline
2015
Jul Sep Nov
2016
Jan Mar May Jul 2016
1-Year Deadline to File Suit Jul 28
Suit against Surety may Commence Dec 25
90-Days after acceptance by public authority
Oct 26
Public Authority Acceptance Jul 28
Oct 26 - Jan 28 Bond Claim Period? Jul 29 - Sep 25 Get Copy of Bond Jul 29 - Oct 23 Notice Period
California“Little” Miller Act • Any public
construction contract over $25,000
• Venue: State Court where payment to be made; bond executed; or defendant resides.
California “Little” Miller Act Coverage
Probably covered
California Miller Act Timeline
Nevada “Little” Miller Act • Any public
construction contract over $100,000
• Venue: State Court where project located.
Nevada “Little” Miller Act Coverage
Nevada Miller Act Timeline
2015
Jul Sep Nov
2016
Jan Mar May Jul 2016
1-Year Deadline to File Suit Jul 28
90-Day "Nuisance" Period Expires - May File Suit Oct 26
Last Day Work Performed Jul 28
Oct 26 - Jan 28 Bond Claim Period? Jul 29 - Sep 25 Get Copy of Bond Jul 29 - Oct 23 Notice Period
Jurisdiction Amount Coverage Timeline Notice
Federal >$100,000 2nd Tier Subs and Up
Suit within one year
90-days
Virginia >$500,000 “Subs” and suppliers
Suit within one year
90-days
Ohio >$30,000 “Subs” and suppliers
Suit within one year
90-days
California >$25,000 “Sub” and Material suppliers
6 mos. + 30d, or 6
mos. + 90 d
20-day Prelim, or
Later Nevada >$100,000 2nd Tier Subs
and Up Suit within one year
90-days
Comparison Summary
Q & A
J. Brian Morrow, Esquire NEWMEYER & DILLION
[email protected] www.ndlf.com
Jonathan J. Straw, Esquire KRAFTSON CAUDLE
[email protected] www.KraftsonCaudle.com
