Defined term
Miller Act
The Miller Act (40 U.S.C. § 3131) requires prime contractors on federal construction projects over $150,000 to post payment and performance bonds — and gives unpaid subcontractors a path to sue on the payment bond.
The Miller Act is the federal answer to the constitutional bar on mechanics' liens against federal property. Prime contractors on federal projects over $150,000 must post payment and performance bonds; unpaid subcontractors and suppliers can sue on the payment bond even without a direct contract with the prime.
Notice-to-prime requirements apply for non-privity claimants (90 days from last work). The suit must be filed in the federal district where the work was performed, within one year of last work. Most state public projects have analogous Little Miller Acts with similar but distinct requirements.
Statutes
- 40 U.S.C. § 3131
- 40 U.S.C. § 3133