Hello, are there any special requirements for U.S. Government (Military) projects, or does it default back to the rules of the State in which the Military Base is located? Specifically, we are an equipment vendor and installer, who was a subcontractor to a contractor working at a military base in the State of Ohio. (Military Base ==> Contractor A (holds contract with military base) ==> Our Company Contractor A is refusing to pay us the remaining balance of our Invoice. Contractor A has credit and cash flow issues, and we've found out that it is defaulting on other payments for other projects. We did not send a "Preliminary Notice" but we would like to go ahead with a Lien anyways. Thank you!! PS - We are a NC Corporation that is a Construction Materials supplier, however we can work in all 50 states (not as a licensed Contractor, but as an equipment supplier.) If you are a Construction Attorney, we'd be interested in learning more about your services so we can be better educated in Contract Law and Construction/Payment Law (and possibly having all of our Contracts reviewed prior to signing the Contracts.
Mechanic's liens on federal projects are not quite the same as state mechanic's lien claims. Federal projects are instead governed by the Miller Act. Generally speaking, a material supplier must give the prime contractor notice of the claim within 90 days of the last date of supplying materials, and any Miller Act claim must be filed against the project and the prime contractor within one year of the last date of work.
When it comes to U.S. Government (Military) projects, there are special requirements that may apply. These projects are typically governed by federal laws and regulations, such as the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), which may supersede state laws. These federal regulations outline specific rules and procedures that contractors must follow when working on government contracts, including requirements related to payment, dispute resolution, and subcontracting.
In the case of disputes between subcontractors and contractors working on U.S. Government (Military) projects, the applicable laws and regulations may vary depending on the specific circumstances and the terms of the contract. It's important to review the contract and any relevant federal regulations to understand your rights and obligations.
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Regarding your question about filing a lien, the ability to file a lien can vary by state, and there may be special rules and procedures that apply to liens on U.S. Government (Military) projects. It's important to consult with a qualified attorney who specializes in construction law and is familiar with the laws and regulations governing U.S. Government (Military) projects in the state where the military base is located to understand your options and the proper procedures to follow.