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Does a Miller Act, Federal payment Bond need to be in the name of our customer to protect us? This one is in G.C.'s

CaliforniaMiller Act
Anonymous Contractor

We are a mat'l supplier in Ca., a prelien is in place for a large job. The job is located on a US Air force base. The miller act, federal payment bond is in the general contractor's name. Is this still effective for our customer?

2 replies

Attorney at Stuart Kane LLP
| 5 reviews
Apr 9, 2021

First and second tier subcontractors and suppliers can make a claim against the payment bond. Third and lower-tier subcontractors and suppliers have traditionally been considered too remote and not entitled to recover under the payment bond. Ultimately, the court will make the determination as to which parties can recover on a Miller Act bond depending on if the claimant dealt directly with the contractor or with a subcontractor. 

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
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Pam Izard
Apr 9, 2021

Hi Edward,

Thank you for that prompt response. I really appreciate it! Your answer was exactly what I needed to know!

Thanks, again!

Sincerely,

Pam

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