If you are a contractor who deals with federal construction projects, then probably you know what a Miller act claim is. If you work with such a federal project, then having a Miller Act bond before you begin your work is always a good idea. However if you don’t have any idea on how to file a miller act claim, then here are the basic steps to follow.
How to file a Miller act claim?
Step 1: Check the grounds for file a miller act claim
Before everything check whether you have the possible grounds and rights to file a miller act claim. Usually prime contractors cannot make a miller act claim. If you are a supplier or sub-contractor, then you can file a miller act claim. Anyway check the possibility before filing your claim.
Step 2: Send your Miller Act notice to your prime contractor
If you have the right to file a miller act claim, then send the notice to your prime contractor indicating the claim amount and other necessary details. This should be sent within 90 days of completing your work which you are going to file a miller act claim.
Step 3: Send notice to Surety
This is an optional step and not mandatory. However sending your Miller act notice to the Surety with the bonding is a good practice.
Step 4: File the suit
The final step is to file the suit. You need to file suit against your miller act bond within 1 year.
Above are the basic steps to file a miller act claim. However, it is always good to get legal consultation if you have doubts to clear and to file your claim.