Miller Act claims on federal jobs

Federal property can’t be liened, and California’s stop notice and preliminary notice statutes don’t reach federal projects. Instead, the Miller Act (40 U.S.C. §§ 3131–3134) requires the prime contractor on federal construction contracts over $150,000 to post a payment bond — and gives unpaid subs and suppliers a claim against it.

The one deadline that matters: 90 days

If you don’t have a direct contract with the prime — you’re a sub-subcontractor, or a supplier to a subcontractor — you must give the prime contractor written notice within 90 days of the last day you furnished labor or materials (§ 3133(b)(2)). The notice states the amount owed and who you furnished to. Miss the window and the bond claim is generally gone, no matter how good the underlying debt is.

First-tier subs — those in direct contract with the prime — skip the notice and can proceed straight to a bond suit if unpaid.

After the notice

The notice itself often shakes payment loose: the prime must answer to its surety, and sureties ask hard questions. If it doesn’t, suit on the bond must be filed in federal district court no earlier than 90 days and no later than one year after last furnishing (§ 3133(b)(4)) — a step that needs a construction attorney.

How it differs from state remedies

• No preliminary notice— the 20-day California prelim doesn’t exist here. The 90-day notice is the only notice.
• No lien, no stop notice — the bond is the entire remedy.
• Federal court — enforcement runs in federal district court, not state court.

Filing with Notice Harbor

Notice Harbor prepares your Miller Act 90-day notice for federal job sites in California, serves the prime contractor (and the surety, if known) by Certified Mail, and gives you tracking plus court-ready proof of service. $199 per filing, or $0 with Unlimited.

This page is general information, not legal advice, and does not create an attorney–client relationship. California lien and notice deadlines are strict and fact-specific — “completion” alone can be triggered by actual completion, the owner’s occupancy or use, or a 60-day cessation of labor. Notice Harbor is not a law firm. Confirm any deadline that matters to your claim with a licensed California construction attorney.