Note the Miller Act paths when a federal project payment is not made
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the claim and the payment record, state the unpaid amount, whether the lawyer says the work is a federal public building or public work, and the contract amount if the file states it. List the bond path and the notice path the sections describe for the person the lawyer identifies. Write no notice and no statement for a copy of the bond, and do not start a proceeding.
- What the lawyer must review
- 40 U.S.C. § 3131 requires that, before any contract of more than $100,000 is awarded for the construction, alteration, or repair of any public building or public work of the Federal Government, a person furnish a performance bond and a payment bond, which become binding when the contract is awarded. The payment bond is for the protection of all persons supplying labor and material. Its amount equals the total amount payable by the contract unless the officer determines, in a writing supported by specific findings, that a bond in that amount is impractical, in which case the amount is not less than the performance bond. Under 40 U.S.C. § 3133(b)(1), a person who furnished labor or material on a contract for which a payment bond was furnished under § 3131, and who has not been paid in full within 90 days after the day of the last of that labor or material, may bring a civil action on the payment bond for the amount unpaid. Under § 3133(b)(2), a person with a direct contractual relationship with a subcontractor but no contractual relationship with the contractor furnishing the bond may bring the action after giving written notice to the contractor within 90 days from the last of the labor or from furnishing the last of the material. The notice states with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. Service is by any means that provides written, third-party verification of delivery to the contractor at a place the contractor maintains an office or conducts business, or at the contractor's residence, or in any manner in which the United States marshal of the district in which the public improvement is situated may serve summons. The action is brought in the name of the United States for the use of the person suing, in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy, and no later than one year after the day on which the last of the labor was performed or the material was supplied by the person bringing the action. The Government is not liable for the costs or expenses of that action. You decide whether this project is a federal public building or public work, who has a contract with whom, and whether to send a notice or sue. The tool writes neither.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.