Dump Site Provider Has Valid Little Miller Act Claim

Construction worker on site

Yard Works LLC v. GroundDown Constructors LLC highlights a distinction between payment bond claims and mechanic’s lien claims.

October 19, 2020
Christopher G. Hill - Construction Law Musings

You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.

In fact, Safeco Insurance Co. of America, a surety, made exactly the above argument in Yard Works LLC v. GroundDown Constructors LLC. In that case, a debris hauling company failed to pay Yard Works, the company that provided the dumping site for the debris. Yard Works sued pursuant to the Little Miller Act to get paid. In response, the surety sought to have the claim against the payment bond dismissed and argued that because Yard Works did not actually improve the property or provide improvements and that Yard Works only passively provided a dump site, Yard Works could not claim under the payment bond.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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