De Facto Takeover: Are a Surety’s Rights Protected?

By Michael J. Carrato, Esq. A Miller Act surety needs to be aware of certain notice requirements if it decides to take over performance for its principal on a federal construction contract.  Informal or “constructive” notice that a surety intends to take over...

Miller Act Surety Requirements Amended

Since 1935, performance and payment bonds on federal construction projects have been required by the Miller Act, 40 U.S.C. 270a, et. seq. Other than increases in the contract value for which bonds are required, the Miller Act had not been amended in any substantive...