Who is Covered by the Miller Act/Federal Payment Bond?
surety what you need to knowWho is covered by a Miller Act/Federal payment bond? Who isn’t covered?

3rd tier subcontractors and suppliers should be careful . . .

In his article, attorney Eugene J. heady explains why congress enacted the Miller Act in 1935, and how it has protected those who provide labor and materials on federal construction projects. As Heady points out, though, Miller Act protection only goes so far down the chain of contracts.

The claimant must have a direct contractual relationship with the prime contractor or with a first-tier subcontractor. Suppliers to suppliers and suppliers to second tier subcontractors are not covered. It can get confusing, so please refer to the diagram linked in heady’s article.


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