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Can I file a bond claim if the subcontractor ignores my mechanics lien? Little Miller Act

Sirs : With the Aid of your firm I placed a lein for $19, 332 on a Sub contractor working under a large GC for a Large State Of Mass Project( Massport) after 6 months on discussions back and forth _ the Sub makes not attempt to pay the debt left behind. I have a Copy of the Bonding company that bonded the project the sub was working on.Do I have any bond claiming rights for payment under the Primes bonding company , even thought we worked for his Sub. Would a rep give me a call to discuss my options.

2 replies

Dec 30, 2019

This is not a simple question. If the job was for Massport, it may be a state job that falls under the little Miller Act. An attorney would have to look at your contract and the prime contract. Do you have a right to get your attorney's fees back under your contract? If not, you could easily spend the $19k in attorney's fees to pursue your claim. Feel free to give me a call.

Sincerely,

Andrea

Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 T: 617-953-3760 F: 617-321-4191 agoldman@goldmanlg.com www.GoldmanLG.com “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com

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Dec 30, 2019

Andrea is right - it's not a simple situation, and having an attorney review your project documentation would provide a lot of clarity in what options are available. With that in mind, let's take a quick look at the Massachusetts Little Miller Act and bond claims made under it.

Recovering payment on a Massachusetts public works project

Having a copy of the prime contract for the project would make things very easy for determining whether the job is subject to mechanics liens or whether a payment bond claim under the Massachusetts Little Miller Act would be more appropriate. Still - for most publicly owned projects in Massachusetts, the prime contractor must provide a payment bond for the protection of subcontractors, suppliers, equipment rental companies, etc. If the project is bonded, then subs, suppliers, equipment rental companies, etc. hired by the project's prime contractor will be entitled to make a bond claim, as well as those who were hired by a subcontractor who was hired, themselves, directly by the project's prime contractor. If you're further down the payment chain, then it's less clear whether a claim against the bond would be appropriate.

Additional bond claim resources

For more information on when bond claims are appropriate, as well as more background on the Massachusetts payment bond claim process: - The Difference Between Public and Private Projects - How Does the Payment [Surety] Bond Claim Process Work? - What’s the Difference Between a Lien Claim and a Bond Claim? - Massachusetts Bond Claim Guide and FAQs

Other resources

If the project isn't subject to the state's Little Miller Act and if a mechanics lien is an appropriate remedy, these resources might be helpful: - The 4 Steps to Take After Filing a Mechanics Lien - Construction Payment: What Is a Notice of Intent to Foreclose?

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