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Miller Act Statute Of Limitations Disregards Remedial Work

Tuesday, November 01, 2011 07:59 am


Miller Act

U.S. f/u/b/o Contracting King, Inc. v. Creek Services, LLC, 2011 U.S. Dist. Lexis 73216 (D. La. July 7, 2011)

A Miller Act claim 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." 40 U.S.C. 3133(b)(4).

A district court recently examined the meaning of "the last of the labor was performed or material was supplied." The majority of courts have concluded that the phrase connotes more than substantial completion or substantial performance of the plaintiff's contractual obligations. See U.S. v. International Fidelity Ins. Co., 200 F.3d 456, 459 (6th Cir. 2000) (citing U.S. ex rel. Austin v. Western Elec. Co., 337 F.2d 5 [...]

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