How to Enforce Miller Act Claims in Georgia
Georgia's "Little Miller Act" is the state's version of the federal Miller Act. The law mandates payment bonds on public construction projects with an estimated contract amount of over $100,000. These bonds help protect the rights of subcontractors and material suppliers working on public projects to get paid for the work they do or materials they supply. The Georgia Little Miller Act also requires performance bonds, which ensure that the work that has been contracted for is completed.
As a subcontractor or materials supplier looking to get paid in connection with a Georgia public construction project, it's important to understand and follow the procedural requirements that apply. This is a summary of those requirements.
Understand Preliminary Notice Requirements
A subcontractor or material supplier must protect their right to file a Georgia Little Miller Act claim in the event they're not paid for their work or materials on a public construction project. Where the general contractor has properly complied with its obligation to file a notice of commencement for the job, the subcontractor or material supplier must provide the contractor with certain information about their role in the project (except where they've been hired directly by the general contractor). That notice must be delivered to the contractor within 30 days of when the contractor filed its notice of commencement, or within 30 days of when the subcontractor or material supplier first begins work on the job, whichever is later.
Obtain Bond Information
The general contractor is required to post a notice of commencement on the job site as well as to promptly provide a copy of the notice to an subcontractor or material supplier upon their written request. That notice will include information about the payment and performance bonds, among other information.
File a Claim Against the Payment Bond
The Georgia Little Miller Act requires subcontractors and material suppliers who have claims against the contractor for nonpayment to file their claim against the payment bond within 90 days of when they last provided labor or materials to the project. The claim must be filed with the contractor who furnished the payment bond, and must note the amount that is owed as well as the party for whom the work was performed or materials provided.
File a Lawsuit to Enforce the Claim
The claim against the payment bond may not always be successful, and in some cases it may be necessary to file a lawsuit to collect what's owed. This must be done no later than one year from the date the project has been completed and accepted by the proper public authorities.
Let National Lien & Bond Help
It's important to pay close attention to the various deadlines and notice requirements that apply in projects where Georgia's Little Miller Act applies. For help filing your Miller Act Claim or a lawsuit to collect on a payment bond, contact the experienced construction law attorneys at National Lien & Bond. Our dedicated attorneys have helped clients collect more than $9 billion in claims involving projects in Georgia and the rest of the country, with an average claim value of more than $360,000.
Contact National Lien & Bond today for help resolving your payment dispute with your public project in Georgia or anywhere else in the US. Call (800) 432-7799 or use our contact form to set up a free consultation.
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