How to Enforce Miller Act Claims in Indiana

Indiana's Little Miller Act is the state's version of the federal Miller Act, key legislation that supports and protects subcontractors and suppliers working on public construction projects in Indiana. The law mandates that contractors use performance bonds and payment bonds during projects. These bonds protect the quality of the construction and finances of the subcontractors and suppliers. Even if a principal contractor defaults, payment bonds guarantee that others will receive payment for their work. Performance bonds guarantee that the construction contract is completed as specified. Claims through Indiana's Little Miller Act can be lifesavers, but there is a detailed process to follow to find success.

Indiana's Preliminary Notice Requirements

Subcontractors and suppliers in Indiana are not required to file a preliminary notice to secure their right to claim against the payment bond. This lack of requirement simplifies the process compared to some other states and allows subcontractors and suppliers the right to proceed directly to a bond claim if payment issues arise.

Obtaining Bond Information

Knowing the details of the payment bond gives Indiana subcontractors and suppliers the ability to file a claim. Both the public entity responsible for the project and the general contractor will have original versions of the payment bond that anyone aiming to make a claim should request their own copy to retain. Payment bonds outline necessary details like the amount covered in a claim, the surety company involved in the bond issuance, and the bond terms.

Serving a Stop Notice

Indiana does not provide a mechanism for subcontractors or suppliers to serve a stop notice on public entities for public projects. Subcontractors and suppliers facing payment issues must instead rely on the payment bond to secure payment.

Filing a Claim Against the Payment Bond

Indiana's Little Miller Act provides subcontractors and suppliers 60 days from when they last worked or supplied materials to a project to submit statements and preserve their right to file a claim. Claimants should provide as much detail as possible gained from obtaining a copy of the bond.

Filing a Lawsuit to Enforce a Claim

Even if a subcontractor or supplier makes a claim, it doesn't guarantee they will receive payment. Indiana's Little Miller Act provides a range of timelines for parties to file lawsuits, depending on the type of project. For some projects, subcontractors and suppliers can file up to a year after completion, while others provide just a brief 60-day window.

No matter which type of project you worked on, filing a Miller Act Claim is best done with the help of experienced attorneys. Contact National Lien & Bond today to learn how we can help you succeed in your Indiana Little Miller Act claim. We can connect you with an attorney in our network who handles Miller Act claims and can assist you in making a claim against a payment bond in Indiana.