Who Can Make a Claim Against a Miller Act Bond?
The Miller Act payment bond provides for payment of all persons supplying labor or material used in the work covered by the general contract. However the only first and second-tier subcontractors and material suppliers can make a claim against the bond. First-tier subcontractors/material suppliers are those with contracts directly with the prime contractor, and second-tier subcontractors/material suppliers are those with contracts directly with first-tier subcontractors. Thus third and lower tier subcontractors and suppliers, lenders, and employees of third and lower tier subcontractors cannot make a Miller Act claim. However, both an assignee of a first or second tier subcontractor/material supplier can make a claim and a lower tier subcontractor can make a claim if the first tier subcontractor who agrees to directly pay a lower tier subcontractor may make a Miller Act Bond claim. It should also be noted that since the general contractor is the principal on the bond, it is not entitle
