Miller Act Claims: Compliance With the Bond, Prosecution, and Defense Strategies for General Contractors and Subs
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss strategies for litigating federal and state-level Miller Act claims. The panel will offer guidance based on the decision in the K-Con case and the Christian doctrine, best practices in pursuing and defending against violations, and preemptive measures builders, subcontractors, and suppliers can employ to prevent exposure and mitigate potential losses.
- Overview of Miller Act
- Qualifying contracts
- Bonding requirements
- Who is protected?
- Remedies for nonpayment
- Material suppliers
- The claims process
- General contractor perspectives
- Subcontractor perspectives
- Supplier perspectives
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
Scott D. Cahalan
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.Close
Elizabeth L. Gordon
Irwin Fritchie Urquhart Moore & Daniels
Ms. Gordon concentrates her practice in the areas of construction/surety law and commercial litigation. She has... | Read More
Ms. Gordon concentrates her practice in the areas of construction/surety law and commercial litigation. She has experience representing owners, contractors, subcontractors, and design professionals in all aspects of construction from contract negotiation and drafting, claim drafting and counseling during construction, and claims resolution in state and federal courts and before arbitration panels. Ms. Gordon has handled these issues involving private owners and state and federal agencies. She has handled state and public lien law claims and federal Miller Act claims. Other practice areas include commercial litigation, products liability, and mass tort litigation. Ms. Gordon regularly lectures on construction law topics.Close
Ahlers Cressman & Sleight
Ms. Watkins' practice involves working with general contractors, subcontractors, and suppliers in all aspects of... | Read More
Ms. Watkins' practice involves working with general contractors, subcontractors, and suppliers in all aspects of day-to-day operation through contract disputes, including bid protests, contract drafting and review, lien and bond claims, REAs, contract claims, appeals, and small business procurement issues. She has represented clients before state, federal, and local agencies, including the Government Accountability Office, the Small Business Administration, the United States Department of Transportation, the Court of Federal Claims, and the Office of Minority and Women’s Business Enterprises, as well as before various federal and state courts, arbitrators, and hearing officers.Close
Early Discount (through 04/07/23)
Cannot Attend May 2?
Early Discount (through 04/07/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.