The McGregor/Miller Acts
Practical Considerations to Problem Resolution and Recovery, If At All Possible

1. Introduction
2. Statutorily-Required Sureties
3. What Do I Do to Determine Whether the Client Has a Claim?
4. Initiation of Litigation to Recover the Unpaid Funds

Abstract

This paper offers some assistance to the practitioner representing lower tiers in the construction industry in forcing the camel through the eye of the needle or, stated differently, collecting unpaid funds from the sureties. The comments and suggestions are assuming the usual worst-possible circumstances when there will be, in all probability, several alert subcontractors, sub-subcontractors or material suppliers seeking to grab a piece of the pie before it is gone or no hope is left. The suggestions are not meant to be all-inclusive or a comprehensive survey of the entire body of law as it relates to the State and Federal Public Work Statutes, but an attempt to focalize the usual and customary issues as they arise for the subcontractors', sub-subcontractors' and suppliers' lawyers.

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