What is proper venue for sub to file suit against contractor holding a Miller Act payment bond?

We have a sub that has filed suit against our prime and their surety, in state court. Is a state court judgment binding on a Miller Act contractor/surety?

By joel hoffman on Tuesday, April 10, 2001 - 09:43 pm:

If you check out the below link (.pdf file), I believe you will find a "Miller Act Statement", which is almost current. The threshold is now $100k, not $25k, as stated in the Statement. This statement describes the rights of a sub or supplier, under the Miller Act. Our server or Corps Network is down tonight, else I'd try to directly answer your question. Hopefully, it will be back up Wednesday.

http://www.hnd.usace.army.mil/chemde/cap/Chapter%208/c8ex9-12.pdf

Happy Sails! Joel

By joel hoffman on Wednesday, April 11, 2001 - 07:48 am:

Anon, I checked the Statement. It explains that suit must be brought against the bond, in the name of the US Government, in US District Court. I don't know whether a State Court judgement is binding against a surety. Happy Sails! Joel

By Anonymous on Friday, April 13, 2001 - 10:26 am:

I did a little reading in the book "Construction Contracting" put out by GWU, Govt. Contracts Program (a number of authors, including Cibinic and Nash). The book indicates that cases are split on whether State court judgments are binding on a Miller Act contractor. This may be a question that our attorney may not be able to answer. Thanks for the input.

By Anonymous on Friday, April 20, 2001 - 12:31 pm:

Another Miller Act question. Is it proper to furnish copies (not certified copies) of Miller Act payment bonds under FOIA requests made by parties not providing labor or materials under the contract to which the bond was provided?

By joel hoffman on Friday, April 20, 2001 - 05:35 pm:

A good question for your attorney. What FOIA exemption would apply? Happy Sails! Joel