[19970805]97-751_联邦项目中米勒法案分包商保护概述.pdf

1There is no such requirement where the work under contract is to be performed in a foreigncountry. See 40 U.S.C. 270a(b).2See F.D. Rich Co. v. United States for the Use of Indust. Lumber Co., 417 U.S. 116 (1974)(The Act was designed as an alternative to the mechanics lien available in ordinary privateconstruction disputes because a lien cannot attach to government property).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web97-751 AAugust 5, 1997Overview of the Miller Act SubcontractorProtection in Federal ProjectsAlane R. AllmanLaw ClerkAmerican Law DivisionJohn R. LuckeyLegislative AttorneyAmerican Law DivisionSummaryThe Miller Act (Act) protects persons who have furnished labor or materials tocontractors engaged in the construction, alteration, or repair of any public building orpublic work of the United States. The measure was enacted in 1935, in response toprotests by subcontractors and suppliers about their inability to collect their debts fromcontractors. The Act requires a government contractor to post two surety bonds, aperformance bond and a payment bond, in any federal construction contract in excess of$100,000.1 The