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Can I File on the Little Miller Act in CT if I dont have the payment bond?

We are the material supplier for a State project in CT selling the sub-contractor. Our customer had told us there is no bond. The value of the order is approx. $50K, can I file on the Little Miller Act if I don't have the bond info and we're not paid?

1 reply

Feb 7, 2020

For public projects in Connecticut, a payment bond will usually need to be present. Because publicly owned property cannot be liened, most public jobs will have bonding present to ensure that payment is made to all subcontractors and suppliers. Notably, though, a payment bond won't be required for Connecticut public projects under $100,000. And, it's unlikely - but possible - that a bond might not have been required by the public agency even if the job does exceed $100k. It's worth noting, though, that contractors can be reluctant to give out their payment bond information, at times. So, to be sure the job isn't bonded, it might be wise to request a copy of the project's payment bond information directly from the public agency, as allowed under Sec. 49-43 of the Illinois mechanics lien statute. If the job is bonded, the public agency would be legally required to provide a copy of the bond. If their project truly isn't bonded, then an unpaid supplier won't be able to file a Little Miller Act claim (which is another name for a payment bond claim) since there's no bond to make a claim against. And, if that's the case, recovery via legal action - like with a breach of contract claim, a claim under the Connecticut prompt payment laws, etc.

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