Government project overseas. All subcontractor and sub-subcontractor work performed in the USA. GC paid subcontractor for all of sub-subcontractor's work and finished materials. Subcontractor refuses to pay sub-subcontractor. Sub-subcontractor makes Miller Act claim notice. GC responds that no bond was issued or required -- asserts requirement waived under overseas project exception of 40 U.S.C. 3131(d).
What recourse does the sub-subcontractor have? Obviously, no lien could be obtained on government contract.
Can sub-subcontractor pursue claim against GC for failure to obtain bond, if the exception was not proper?...Read More
I have a project that is a school, that has a bond, but I also have a bond from the GC, how do I file against both of them, or at least get them on my notices?...Read More
Someone is filing against my contractor's bond from over 3 years ago and I never had a contract or payment from this party. I never did any work through them, but a previous owner. They didn't even purchase this property until 5/1/17. Job was signed off by city 1/16/16 according to all building codes and permits. I am thinking they have no claim and are being frivolous. Greg Meise...Read More
We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act? ...Read More
I filed the bond claim before the deadline but Levelset is still saying our payment is not protected. In the meantime my customer has filed for bankruptcy. Do I proceed with the bond claim or file the proof of claim through the bankruptcy court?...Read More
I'm being told a story and I can't understand how she thinks she can save the house. If I'm being told the truth, she claims she has 2 foreclosures. One is from her company they used their house as collateral. She says they called in loan. She also claims she is in foreclosure on her personal mortgage. From my understanding she owes 55 thousands on the mortgage and the business loan was a half a million. She is in forbearance. She says she's is getting it until March wich my understanding is it ends December all home covid programs end. We live in long Island NY. So how is this house savable and also it will be left to her only child . Won't her get the lien debt if the house is willed to him? Please help me know the truth as it affects my life in unimaginable ways. Thank you....Read More
I was hired on a public project to replace the metal roof under a contract from my company to the township of summit county ohio board members. It was a parts and service building next to a police station that we agreed on a certain amount. I also put about 2000 extra dollars into the project. Long story short they swindled me and ended up not paying anything on 7700 dollar invoice. this was completed in June of 2020 and shortly after during my attempts to get paid I came down with covid and it kind of mixed everything I had going up. Im not sure if I even have the right to still pursue and I was hoping I could get some insight on those rights
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Hello I worked on a construction project and the final payment was never remitted. it is 25 thousand and now over 40K with interest charges. Customer owner/was also the GC in the building -I provided door access and thermal monitors. The system has been running since 2018, when I went back to receive my final payment from finalizing the "punch list".
I placed written final demand and The General attorney for the firm agreed I will be paid after the ;ist. When I arrived on site, there was a new General attorney and no one to pay me. The new Attorney made me go over all details again, said there was yet another punch list, agreed to my payment and then left. Why> Both attorneys were also Never Paid. The project was a NY State Building Brooklyn Army Terminal, and the GC was also the owner, of this compounding pharmacy. ...Read More
We supply material to a contractor working direct for the school. Our materials will be about $50K and they've stated a bond is not required. Would like to verify....Read More
I was hired by a Colorado GC to install as specified in the plans provided by the architect (this included which specific products to install). There is an issue with the manufacture of the products themselves, but they were installed properly. I am being told that I have punch list items to complete because the products are not working correctly. The products are defective, but install was correct. The GC should have already received 3 draws on this project, but is saying they have not received any payment. There is a pay when paid clause in the contract. The project is in CO.
Due to the corona virus, the site (it is a visual arts center owned by a university) is shut down so I couldn't do the punch list even if I wanted to.
What steps do I need to take to preserve my lien rights? How can I send an NOI when they aren't even open?...Read More
I missed a claim deadline and my payment is not protected. I am wanting to know the step I need to take in order to file a claim against the payment bond....Read More
I have a customer that I have filed several liens on in the past. They have bonded around every single one of them so I sent a demand letter to the bonding company about 2 weeks ago. I have not contacted them yet. I figured Id give them this week and them start calling. but my question is, is if I cant get anywhere with them what is my next step to get paid? file suit? this over several different states....Read More