Enforcing Little Miller Act Claims in Arizona

Understanding Arizona's Little Miller Act

The federal law known as the Miller Act requires contractors to obtain both performance and payment bonds to be awarded a contract for work on a public project. The payment bonds are a guarantee that any suppliers and subcontractors will be paid even if the contractor cannot pay them. Performance bonds are required to ensure that contractors fulfill their contractual obligations.

Arizona has a state model of the Miller Act known as the Little Miller Act. Any company working on a public project for the state of Arizona must also have both performance and payment bonds obtained from authorized surety companies, and the contractor must meet the surety's qualifications to obtain the bonds. The performance bond must be at least for the contracted amount of the project bid. The payment bond must be able to cover all subcontractors and suppliers and include attorney fees if the case goes to court. Arizona's Little Miller Act applies to government construction contracts that equal or exceed $100,000 for a public project. National Lien & Bond can help you file your claim in Arizona if you are a subcontractor who has not been paid.

Filing a Little Miller Bond Claim in Arizona

• Preliminary Notice

Any party who furnished labor or materials to the general contractor or first-tier subcontractor can make an Arizona Little Miller claim. The claimant must provide the contractor with notice of a bond claim, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished or labor was supplied. This claim notice must be filed within ninety days of furnishing labor and materials by any verified form of service. Notice can be given to the contractor wherever the contractor maintains an office or does business. Notice does not have to be given to the surety, but it is good practice to do so as it will speed up the process. In the event of litigation, the bond-issuing surety company will reimburse the claimants and then seek to recover from the contractor who obtained the bonds.

• Time for Suit

An Arizona Miller Act bond claim cannot be filed within the first ninety days following the claimant's performance of labor or supply of materials. The suit, however, must be filed within one year from the completion date of labor or supply of materials.

Get Help Enforcing a Claim

Navigating the procedural requirements of an Arizona Little Miller Act can be complex, especially when dealing with multiple construction projects. The attorneys at National Lien & Bond have represented clients in Arizona on Little Miller bond claims and have a national network throughout the country. We have collected over $9 billion in compensation for thousands of clients. Contact us today to resolve your construction contract disputes.