furnished or supplied or for whom the labor was done 

or performed. The notice shall be served— (A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor’s residence; or (B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons. (3) Venue.— A civil action brought under this subsection must be brought— (A) in the name of the United States for the use of the person bringing the action; and (B) 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. (4) Period in which action must be brought.— An action brought under this subsection must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action. (5) Liability of federal government.— The 

Government is not liable for the payment of any costs or expenses of any civil action brought under this subsection. (c) A waiver of the right to bring a civil action on a payment bond required under this subchapter is void unless the waiver is— (1) in writing; (2) signed by the person whose right is waived; and (3) executed after the person whose right is waived has furnished labor or material for use in the performance of the contract. Who is protected by the Miller Act First tier subcontractors and suppliers may bring a civil action in U.S. District Court for the amount unpaid at the time the action is brought on the payment bond provided by the prime contractor. The case may be filed 90 days after, but no later than one year after, the last labor was furnished or materials supplied. First tier subcontractors and suppliers do not need to provide any notice to the prime contractor prior to filing such a suit. When a civil action is filed by first tier subcontractors in U.S. District Court for the amount owed them, their second tier subcontractors and the second tier subcontractor’s suppliers may also bring a civil 

action for the amount owed them on the payment Where to obtain addibond provided by the prime contractor. However, prior to bringing an action in U. S. District Court, a You may contact regio

second tier subcontractor or their supplier must information but should provide written notice to the prime contractor of its attorney if you have fuclaim within 90 days from the date when the last protection under the Mlabor was furnished or materials supplied. After providing notice, a second tier subcontractor or supplier may file a suit no later than one year after, the last labor was furnished or materials supplied. Determining whether a bond was required on a particular contract You can obtain information from the head of the GSA contracting activity that issued the contract or by calling or writing the Contracting Officer assigned to the contract for which the unpaid work was performed. Please provide the name of the prime contractor, the project description and the contract number in order to expedite your inquiry. Where to get a copy of the payment bond and the contract for which it was given 1-866-PBS-VEND (72

IndustryRelations@gsa

You can obtain a certified copy of the bond and the http://www.gsa.gov/indcontract from the head of the GSA contracting Follow us on: activity that issued the contract or by calling or Twitter: gsapbsIRD writing the Contracting Officer assigned to the LinkedIn: GSA PBS Incontract for which unpaid work was performed. You must send with your request an affidavit that you supplied labor or materials for the contract work and have not received payment. You may forward your 

request to the GSA Contracting Officer assigned to the contract for which the unpaid work was performed. You will be required to pay a fee for the cost of preparing the copies. Any person being sued on a payment bond can also obtain certified copies by sending an affidavit that indicates a suit has been filed. Where to file suit You must sue in the U.S. District Court in which the contract was performed. 

Revised: August 2009 
Overview 

The purpose of this pamphlet is to provide you, a subcontractor, with information on what to do if you have furnished labor or materials to a prime contractor or other subcontractors while working on a GSA Federal building construction project and are unable to collect money you believe is owed to you. The pamphlet explains: •	 How a Federal law, the Miller Act, is designed to 

protect businesses on construction projects and how it may help you; 

•	 The steps to take to use the Miller Act; and, •	 How and where to obtain information about 

bonding requirements. 

This pamphlet also includes a portion of the text of the Miller Act that you may find helpful. What GSA can do When GSA receives a complaint regarding a supplier or subcontractor's unpaid bill, the reported nonpayment may be brought to the attention of the prime contractor responsible for the project. However, GSA does not explore the merits of the claim and has no legal authority to enforce payment by a contractor. Because Federal buildings are not subject to mechanic’s liens, your legal recourse for 

seeking payment is set forth in the Miller Act. The Miller Act The Miller Act requires that prime contractors for the construction, alteration, or repair of Federal buildings furnish a payment bond for contracts in excess of $100,000. Other payment protections may be provided for contracts between $30,000 and $100,000. The payment bond is required as security for the protection of those supplying labor and/or materials in the construction of public buildings. Failure by a contractor to pay suppliers and subcontractors gives such suppliers and subcontractors the right to sue the contractor in U.S. District Court in the name of the United States. 

Although the suit enters the courts in the name of the United States, the United States is not liable for any of the costs of the suit. EXCERPT FROM THE MILLER ACT TITLE 40 > SUBTITLE II > PART A > 

CHAPTER 31 > SUBCHAPTER III > § 3131 § 3131. Bonds of contractors of public buildings or works  (a) Definition.— In this subchapter, the term “contractor” means a person awarded a contract described in subsection (b). (b) Type of Bonds Required.— 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 must furnish to the Government the following bonds, which become binding when the contract is awarded: (1) Performance bond.— A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer considers adequate, for the protection of the Government. (2) Payment bond.— A payment bond with a surety satisfactory to the officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond shall equal the total amount payable by the terms of the contract unless the officer awarding the contract determines, in a writing supported by specific findings, that a payment bond in that amount is impractical, in which case the contracting officer shall set the amount of the payment bond. The amount of the payment bond shall not be less than the amount of the performance bond. (c) Coverage for Taxes in Performance Bond.— (1) In general.— Every performance bond required under this section specifically shall provide coverage for taxes the Government imposes which are collected, deducted, or withheld from wages the contractor pays in carrying out the contract with respect to which the bond is furnished. (2) Notice.— The Government shall give the surety on the bond written notice, with respect to any unpaid taxes attributable to any period, within 90 days after 

the date when the contrperiod, except that noti180 days from the date was required to be filed Code of 1986 (26 U.S.

(3) Civil action.— The civil action on the bond (A) unless notice is givsubsection; and (B) more than one year is given. (d) Waiver of Bonds fForeign Countries.— waive the requirement payment bond for work performed in a foreign it is impracticable for tbonds. (e) Authority to Requ

section does not limit tofficer to require a persecurity in addition to cases, specified in subsTITLE 40 > SUBTITCHAPTER 31 > SUB§ 3132. Alternatives tby Federal Acquisitio (a) In General.— The 

Regulation shall providbonds as payment protand materials under co3131 (a) of this title th

not more than $100,00(b) Responsibilities of contracting officer for (1) select, from among provided for in the Fedpursuant to subsection protections which the oto submit to the Federaprotection of suppliers contract; and (2) specify in the solicithe payment protection