{
  "$schema": "https://bestinsuranceresearch.com/llms-full.txt",
  "recordType": "source",
  "id": "usc-40-3133-miller-act-claims",
  "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims",
  "contentVersion": "2026.08.31",
  "generatedFor": "2026-09-07",
  "operator": {
    "legalName": "WJB Services, Inc.",
    "dba": "Bollinsure Insurance Services",
    "license": "6013787",
    "licenseAuthority": "California Department of Insurance"
  },
  "license": "Text on this page may be quoted with attribution and a link to the canonical URL.",
  "notice": "Public page facts only. This record contains no visitor question, no tool input, and no identifier. It is not a coverage determination, an eligibility decision, or individualized advice.",
  "title": "40 U.S.C. 3133 - Rights of persons furnishing labor or material (Miller Act payment bond claims)",
  "publisher": "Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov)",
  "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3133&num=0&edition=prelim",
  "officialHost": true,
  "sourceType": "statute",
  "authorityLevel": "primary-law",
  "primary": true,
  "jurisdiction": "US",
  "publishedDate": "unknown",
  "effectiveDate": "n/a",
  "accessedDate": "2026-09-06",
  "lastChecked": "2026-09-06",
  "updateCadence": "Amended only by legislation.",
  "status": "active",
  "supportsClaims": [
    {
      "claimId": "usc-40-3133-miller-act-claims#c1",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c1",
      "checksum": "ab738881cbbb",
      "text": "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."
    },
    {
      "claimId": "usc-40-3133-miller-act-claims#c2",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c2",
      "checksum": "65521bb806b3",
      "text": "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."
    },
    {
      "claimId": "usc-40-3133-miller-act-claims#c3",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c3",
      "checksum": "3633960de9d1",
      "text": "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."
    },
    {
      "claimId": "usc-40-3133-miller-act-claims#c4",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c4",
      "checksum": "e111b12d6ace",
      "text": "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."
    },
    {
      "claimId": "usc-40-3133-miller-act-claims#c5",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c5",
      "checksum": "ef32b7ee65d6",
      "text": "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."
    },
    {
      "claimId": "usc-40-3133-miller-act-claims#c6",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims#c6",
      "checksum": "4c9c8eabe03b",
      "text": "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."
    }
  ],
  "reliedOnBy": [
    {
      "kind": "Question",
      "title": "How long do I have to claim on a payment bond for unpaid work on a federal job?",
      "url": "https://bestinsuranceresearch.com/questions/miller-act-payment-bond-deadlines"
    },
    {
      "kind": "Coverage",
      "title": "Surety bonds",
      "url": "https://bestinsuranceresearch.com/insurance/surety-bonds"
    }
  ],
  "reliedOnByCount": 2,
  "citation": {
    "text": "Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov). \"40 U.S.C. 3133 - Rights of persons furnishing labor or material (Miller Act payment bond claims).\" unknown. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3133&num=0&edition=prelim (retrieved 2026-09-06).",
    "viaThisSite": "BestInsurance Research source record usc-40-3133-miller-act-claims, content version 2026.08.31. https://bestinsuranceresearch.com/sources/usc-40-3133-miller-act-claims",
    "note": "Cite the underlying source when you can. Cite this record when you are describing our synthesis or our claim list."
  }
}