Little Miller Act State Law Survey

The Miller Act requires prime contractors working on certain federal government construction contracts to post bonds guaranteeing both performance of the contract and payment of subcontractors and materials suppliers. 40 U.S.C. §§ 3131 through 3134. Nearly every state has its own Miller Act, referred to as Little Miller Acts. Like the federal Miller Act, state Little Miller Acts typically require contractors involved in state public construction projects to provide payment and performance bonds. Significant differences can exist between the state acts and the federal act, as well as among the state acts.

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