If the land based classification shows ownership is Federal government, but there is no bond in place (construction is public-private partnership), does the Miller Act still apply?...Read More
I can see that for first tier subcontractors on federal projects the 90 day filing isn't mandatory on under the Miller Act. What is the actual deadline to filing a Miller Act notice of claim in the state of Kansas for first tier subcontractors? What happens if you don't file a Miller Act Notice of Claim?...Read More
A GC is telling us that a college in TN is a federal project which is why the retainage amount is 10%. They did send us information for a law showing Federal projects are allowed to have up to 10%, but the way it seemed worded was only if the work was not satisfactory. So now we are trying to understand how a college is a federal project and how we find out if by them holding the 10% instead of 5%, if they are stating our work is not satisfactory. They have told us everything looks good so far....Read More
We were working on a project until we were put on hold on April 2019 and have not worked on it at all but the project wasn't cancelled until June 2020. Which date should we use for the notice of intent to lien? This is for a project on a military base in Nevada....Read More
I am a subcontractor working on a Federal project. I have completed the scope of my work, and the prime contractor won't communicate with me - I have not been paid. All other subs have abandoned the job. How do I find the name of the contracting officer or rep for the Department of Veterans Affairs, so that I can contact them directly?...Read More
I have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA...Read More
We are the Subcontractor in a contract with General Contractor for the framing of a hotel.
We filed a timely invoice at end of April for payment on 35 % of total job completion. We were told that Owner approved the payment. We have been waiting for the Contractor to get paid so we could get paid. (Pay when Paid) Should have been around 30 days per contract. In May we lost a lot of manpower and thus productivity. General contractor lied to us and said they still had not been paid by Owner and that we needed to improve our manpower. We actively pursued remedy and procured additional crew to start this coming week. GC says they want to see us improve in quality and manpower. GC now thinks we should not receive the 35% payment for work already performed even though it had been approved. Moreover, I just found out in late afternoon that GC has been dishonest as they actually did get paid by Owner earlier this week. GC was even trying to get Subcontractor to change their submitted invoice on the percentage of work completed while they secretly withheld that they received payment from Owner. When I directly asked president of GC this afternoon if they had received payment from Owner, he completely denied it and stated that they need to see improvement from Subcontractor prior to payment. What would be my best next step to secure payment from a GC who is intentionally delaying payment on work that has already been completed ? Not to mention subcontractor needs the funds to secure lodging for the increased manpower that GC required the Subcontractor to remedy. ...Read More
I did a job for a GC on the gov. site. i proved the labor and have not been paid yet so i filed a bond what is the next step in getting paid. ...Read More
I'm a Subcontractor that worked on a large commercial project. I finished my work on the job on 10/22/2021 last month but I haven't gotten paid- and my customer isn't returning my calls. What should I do?...Read More
I'm a member of the Environmental Commission in a NJ township. We developed, and the township committee approved, an ordinance that requires the developers of commercial solar projects to provide a performance bond as described above before they will be issued a construction permit. Our township attorney and the developer's township attorney are now in the process of negotiating a decommissioning agreement for the developer's about-to-be-installed solar array. At lease one party to that negotiation has questioned whether an NJ jurisdiction (the township) can, in fact, require the developer to provide such a performance bond, notwithstanding the ordinance. Your thoughts? Thanks...Read More
We are contracted with a door manufacture under a GC on a Navy installation, and our contract is with a subcontractor of the GC, and in our contract we have standby and delay times and have over $70k in change orders for being delayed and put on standby numerous times, and the company we are contracted with is stating they don't have to pay us unless the Navy pays them, even though they agreed to our terms for the standby time were disclosed and greed out the gate and we are NOT pay hne paid, our contract is NET 30. We do have a copy of his bond on this job. Is he still liable even if the Navy or the GC don't pay him? Looking for a local attorney to have for these questions too. ...Read More
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?
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