Enforcing Little Miller Act Claims in New Jersey
New Jersey's Little Miller Act protects subcontractors and suppliers working on public works projects. The state law requires that contractors obtain payment and performance bonds to contract with the state.
Payment bonds are financial guarantees created to protect subcontractors and material suppliers that work on public projects if they are not paid properly. In New Jersey, first- and second-tier subcontractors and suppliers have a right to file a claim against a payment bond. Performance bonds ensure the principal contractor completes the project to the specification second-tier in its government contract.
If you are an unpaid subcontractor or a material supplier, National Lien & Bond can manage your Little Miller Act claim in New Jersey.
Who Can Make a Claim for Payment Under in New Jersey?
In New Jersey, the requirement for a payment bond may be waived in certain circumstances. For contracts with the state of New Jersey, the bond requirement can be waived if the contract does not exceed $200,000. If a school district or other contracting unit is the contracting authority, the contracting entity can waive the bond requirement if the contract does not exceed $100,000.
As a subcontractor or supplier without a direct contract with the contractor furnishing the bond, you must take specific steps to preserve your right to make a Little Miller claim. To be considered a bond beneficiary, you must provide written notice with proof of delivery before commencing any work. If you notify the contractor after beginning work, any potential benefit will be based on the date of notice.
Any beneficiary has one year from the last date upon which work was performed or materials delivered to give the bond sureties a statement of the amount due.
Filing an Enforcement Lawsuit
To file an enforcement lawsuit, claimants must navigate two separate timing requirements. A lawsuit cannot be filed until 90 days after the claimant provides the sureties and contractor with a statement of the amount due. Additionally, an enforcement lawsuit cannot be filed later than one year from the last date work was performed work or materials delivered.
National Lien & Bond Can Help
You've done the work. You've supplied the required materials. Now, it is time to be paid.
If you have a Miller Act Claim in New Jersey, National Lien & Bond can help. Our experienced construction attorneys can manage your Little Miller claims in New Jersey. We have obtained over $9 billion in claims on over 25,000 projects nationwide, and we can help you receive the payments you have earned and deserve.
Contact National Lien & Bond by phone at (800)432-7799 or online to schedule a consultation.
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