To amend the Miller Act to provide for the inclusion of interest and legal fees in judgments granted on suits by subcontractors based upon payment bonds, and for other purposes.

Summary

Amends the Miller Act to authorize any person who has furnished labor or material for work under a contract for the repair, construction, or alteration of a public work or building (including any person who provided benefits for labor furnished to a subcontractor) to sue on the contractor's payment bond for any amount not paid in full within 30 days after the due date of a progress payment, or (as currently provided) within 90 days after the last of the labor or material was furnished. Permits a person who has a contractual relationship with a subcontractor but not with the contractor to notify the contractor of a claim on such payment bond by certified mail. Prohibits a U.S. district court from dismissing any such suit for payment because it was filed before the expiration of such 90-day period or from entering any judgment before the expiration of such 30-day or 90-day period. Requires any judgment awarded to include legal fees and interest calculated from the payment due date. Declares that no agreement to waive any right under such Act shall be valid if made before the date of accrual of the right to sue on the payment bond. Provides that payment for labor and materials furnished under such a contract shall be due on such date unless the parties agree on an earlier date.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 19 January 1989

  Open at official source

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