Litigating Miller Act Claims: Prosecution and Defense Strategies for General Contractors and Subs

A live 90-minute CLE webinar with interactive Q&A


Wednesday, October 24, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 28, 2018

or call 1-800-926-7926

This CLE webinar will discuss strategies for litigating federal and state-level Miller Act claims. The panel will offer guidance on current case law, best practices in pursuing and defending against violations, and preemptive measures builders, subcontractors and suppliers can employ to prevent exposure and mitigate potential losses.

Description

The Miller Act (40 U.S.C. § 3131 et seq.) and its various state law equivalents require general contractors entering into public building or public works contracts with the government to furnish a payment bond in an amount equal to the contract price. The bond guarantees payment to subcontractors and vendors supplying labor and materials to contractors or subcontractors engaged in the construction.

While these protections offer relief in the event of nonpayment, pursuing claims can be challenging because they often arise while the work is ongoing and are subject to strict restraints of notice and timing. Claims may also be subject to contractual preconditions that preclude direct actions against the government.

Practitioners representing subcontractors and vendors for nonpayment or additional monies for expanded scopes of work or changed conditions must be familiar with claim-limiting strategies employed by general contractors and the impact of other relief mechanisms like the Contracts Disputes Act.

For counsel representing general contractors, to what extent can their clients rely on contractual protections like mandatory pass-through provisions and contingent payment clauses to limit their exposure and mitigate potential losses for claims asserted by subs and materialmen.

Listen as our distinguished panel of construction lawyers discusses strategies for successfully pursuing and defending Miller Act claims and offers critical guidance on preemptive measures parties can take to prevent claims from arising.

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Outline

  1. Overview of Miller Act
    1. Qualifying contracts
    2. Bonding requirements
    3. Who is protected?
  2. Remedies for nonpayment
    1. Material suppliers
    2. Subcontractors
  3. The claims process
    1. General contractor perspectives
    2. Subcontractor perspectives
    3. Supplier perspectives

Benefits

The panel will review these and other key issues:

  • Balancing statutory requirements and contract provisions when pursuing recovery for nonpayment
  • Addressing “slow pay” scenarios where trailing accounts payable extend beyond 90 days
  • Managing statute of limitations in the face of non-binding ADR requirements

Faculty

Burwood, Jonathan
Jonathan C. Burwood

Partner
Hinshaw Culbertson

Mr. Burwood focuses his practice primarily in the areas of surety bond, construction, environmental, and commercial...  |  Read More

Colon, Y. Lisa
Y. Lisa Colon

Partner
Smith Currie & Hancock

Ms. Colon represents owners, contractors and subcontractors, design professionals, and sureties in public and private...  |  Read More

Live Webinar

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

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48 hours after event

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