40 U.S.C. 3133 - Rights of persons furnishing labor or material (Miller Act payment bond claims)

Exactly what this source supports

These are the only claims this record is used to carry anywhere in the library.

• Section 3133(b)(1) provides that every person that has furnished labor or material in carrying out work provided for in a contract for which a payment bond is furnished under section 3131, and that has not been paid in full within 90 days after the day on which the person did or performed the last of the labor or furnished or supplied the material for which the claim is made, may bring a civil action on the payment bond for the amount unpaid at the time the civil action is brought, and may prosecute the action to final execution and judgment for the amount due.

  claim usc-40-3133-miller-act-claims#c1

• Section 3133(b)(2) provides that a person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing the payment bond may bring a civil action on the payment bond only on giving written notice to the contractor within 90 days from the date on which that person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made.

  claim usc-40-3133-miller-act-claims#c2

• Section 3133(b)(2) requires that notice to be served 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 in any manner in which the United States marshal of the district in which the public improvement is situated may by law serve summons.

  claim usc-40-3133-miller-act-claims#c3

• Section 3133(b)(3) requires a civil action brought under that subsection to be brought in the name of the United States for the use of the person bringing the action, and 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.

  claim usc-40-3133-miller-act-claims#c4

• Section 3133(b) provides that an action brought under that 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.

  claim usc-40-3133-miller-act-claims#c5

• Section 3133(c) provides that a waiver of the right to bring a civil action on a payment bond required under the subchapter is void unless the waiver is in writing, is signed by the person whose right is waived, and is executed after the person whose right is waived has furnished labor or material for use in the performance of the contract.

  claim usc-40-3133-miller-act-claims#c6

Each claim above has its own address. Link to a single claim with/sources/usc-40-3133-miller-act-claims#c1, and read the same list with its identifiers, checksums and dates at usc-40-3133-miller-act-claims.json. A checksum lets you tell whether a claim you cited still says what it said.

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Reviewer notes

This is the section that decides whether an unpaid subcontractor or supplier actually recovers, and it is separate from section 3131, which only requires the bond to exist. Two deadlines do the work and they run from different events: the 90 day notice in subdivision (b)(2) runs from the claimant's own last labor or material and applies only to a claimant one tier removed from the prime, while the one year limitation runs from the same event and applies to everyone. The waiver rule in subdivision (c) is the counterpart worth reading before signing anything at the start of a job, because a waiver executed before the labor or material is furnished is void. Verified against the official Law Revision Counsel text; the Cornell rendering was read first and agrees. The one year limitation is attributed here to subdivision (b) rather than to a paragraph number, because the paragraph label was not rendered on the page as read.