Steps Required to Enforce Miller Act Claims in Massachusetts
The Massachusetts Little Miller Act covers all construction projects of the Commonwealth and any county, city, town, or public entity if the contract amount is $25,000 or more.
Preliminary Notice Requirements
The Massachusetts Little Miller Act does not require preliminary notice from subcontractors or laborers. Only material suppliers must provide notice if they are providing materials that are specifically fabricated. In that event, preliminary notice must be delivered to the principal contractor within 20 days of receipt of the order.
Notice of Claim on Bond
To make a claim on the payment bond, a contractor or laborer having a direct contractual relationship with the principal or general contractor does not need to provide notice of a claim. A claimant with a contract with a subcontractor must give written notice to the principal or general contractor within 65 days after the claimant last performed labor, materials, or equipment.
This notice must be in writing and must contain:
- Amount due.
- Description of services provided.
- Description of materials provided.
- A concise and clear statement of facts.
The notice must be formally served so the claiming party has proof of service.
Service of Notice of Claim
The Notice of Claim must be served on the principal or general contractor via certified mail, return receipt requested, or a formal method of service. To serve the Notice of Claim, it should be sent to:
- The contractor's principal place of business
- The contractor's office or the place where the contractor does business.
- The contractor's residence.
Remember that you must have and retain proof that you mailed or served the Notice of Claim.
File a Lawsuit to Enforce the Claim
The claiming party must file a lawsuit to enforce a claim no later than one year after the last date they provided services, materials, or labor to a project. Timeliness and compliance with all notice and procedural requirements are critical to a Little Miller Act lawsuit in Massachusetts.
If you have a Miller Act Claim in Massachusetts, contact the attorneys at National Lien & Bond. National Lien & Bond has an unbeatable national network unparalleled in its field. Consider their track record of $9 billion collected and an average collected claim of $380,000. Contact National Lien & Bond to discuss your strategy for resolving nonpayment issues.
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