by Patrick J. Johnson
The Miller Act 40 U.S.C. § 3131 – § 3134, requires that any contractor performing construction on a federal building or public work over $100,000 furnish bonds guaranteeing payment to subcontractors and completion of the project. Under the Act the party having a contractual relationship with a subcontractor but no contractual relationship with the contractor furnishing the payment bond may bring an action on the payment bond following written notice within 90 days from the last date on which the party last supplied labor or materials for which the claim is made 40 U.S.C. § 3133(b)(2).
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