Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond

April 11, 2018
David Adelstein - Florida Construction Legal Updates

When it comes to Miller Act payment bond claims, repairing one’s own work does NOT extend the one year statute of limitations to file suit on a Miler Act payment bond. Belonger Corp., Inc. v. BW Contracting Services, Inc., 2018 WL 704379, *3 (E.D. Wisconsin 2018) (“The courts that have considered this question tend to agree that, once a subcontractor completes its work under the subcontract, repairs or corrections to that work do not fall within the meaning of ‘labor’ or ‘materials’ and, as such, do not extend the Miller Act’s one-year statute of limitations.”).

Well, what if the subcontractor was repairing its own work due to an issue caused by another subcontractor?

Mr. Adelstein may be contacted at dadelstein@gmail.com



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