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Payroll Records Show Miller Act Claim Was Timely

Friday, September 21, 2012 05:53 am


Miller Act

D.D.S. Industries, Inc. v. C.T.S., Inc., 2012 U.S. Dist. Lexis 81662 (D. Mass. June 13, 2012)

The clock on the opportunity to file a Miller Act claim begins to run when a sub completes original subcontract work. Therefore, your ability to prove when original work--not subsequent corrective work--was performed is key.

C.T.S., Inc. (CTS) was the general contractor on a federal construction project at the J.F.C. Murphy Federal Records Building in Waltham, Massachusetts, and D.D.S. Industries, Inc. (DDS) was the HVAC subcontractor. DDS completed original subcontract work and additional work for a total cost to CTS of $503,00 [...]

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