When working on federal construction projects in California, subcontractors, suppliers, and labor providers often face one major concern: getting paid for their work. Unlike private projects, you cannot file a mechanics lien against federal property. Instead, the Miller Act provides protection by requiring the prime contractor to post a payment bond, giving unpaid parties the right to file a claim.
At Easy Law Inc., we assist clients across California in preparing and filing these critical documents. Below, we break down the key steps involved in filing a Miller Act bond claim in California, so you know exactly what to expect.
Step 1: Determine Your Eligibility
The first step is understanding whether you qualify to file a claim under the Miller Act. Generally, the following groups are eligible:
First-tier subcontractors or suppliers who have a direct contract with the prime contractor.
Second-tier subcontractors or suppliers who have no direct contract with the prime contractor but provided labor or materials to a first-tier subcontractor.
Laborers, equipment rental companies, and material suppliers may also be eligible. However, those further down the chain, such as third-tier subcontractors, typically do not qualify.
Step 2: Know Your Deadlines
Strict deadlines apply when pursuing a Miller Act claim. Missing them can result in losing your right to payment.
First-tier claimants (with direct contracts) can file a claim without giving prior notice.
Second-tier claimants must provide written notice to the prime contractor within 90 days of the last day they furnished labor or materials. This notice must clearly state the amount owed and be sent via certified mail.
Regardless of tier, if payment is still not received, a lawsuit must be filed within one year of the last work or delivery.
Step 3: Prepare the Proper Documentation
Documentation is the backbone of a successful claim. At Easy Law Inc., we help clients prepare all necessary forms to ensure accuracy and compliance with Miller Act requirements. This typically includes:
A written statement of the amount owed.
Identification of the project and parties involved.
Proof of the last date of labor or materials supplied.
Accuracy matters. Even small errors in the documents or delivery method can invalidate a claim, which is why many subcontractors and suppliers turn to us for assistance.
Step 4: Serve the Required Notice (for Second-Tier Claimants)
If you are a second-tier claimant, you must serve your notice on the prime contractor within the 90-day window. This step is critical, as failure to give timely notice will prevent you from pursuing the claim further.
We ensure notices are properly drafted and sent via certified mail, providing the necessary proof of delivery. This gives you confidence that your rights are preserved.
Step 5: File the Claim Against the Payment Bond
Once notice requirements are met, the claim can be formally filed against the contractor’s payment bond. This puts the surety company on notice and creates a path for you to pursue the money owed.
At this stage, many claimants resolve payment issues without going to court. However, if payment is not made, the final step is filing a lawsuit. Remember, this must be done within one year of the last labor or materials furnished.
Step 6: Take Legal Action if Necessary
While Easy Law Inc. handles document preparation and notice filing, we are not a law firm and cannot provide legal advice or representation. If your claim requires litigation, you will need to consult with a licensed construction law attorney. Still, by preparing your claim correctly and on time, we put you in the best possible position should legal action become necessary.
Why Work With Easy Law Inc.?
For over 35 years, Easy Law Inc. has helped contractors, suppliers, and subcontractors across California protect their rights through accurate and timely document preparation. We know the strict deadlines and exact requirements involved in Miller Act bond claims in California, and our role is to simplify the process so you can focus on your business.
Our flat-rate pricing means you know upfront what the service will cost, so there are no surprises.
Final Thoughts
Filing a Miller Act bond claim in California can be complex, but with the right steps and timely action, you can secure the payment you’re owed. From determining eligibility and meeting deadlines to preparing accurate documents and serving notices, every detail matters.
At Easy Law Inc., we are here to handle the paperwork and ensure your claim is filed correctly, giving you peace of mind that your rights are protected. Call us today at (805) 306-0020.