As if you needed confirmation that the Federal Miller Act is a powerful tool for unpaid subcontractors, this is it. Even when a Prime ordered and accepted the Sub’s work, but didn’t have to pay under the Subcontract, the Subcontractor still. . . .
Rely at your own risk upon a Contracting Officer’s statements when statutes or contract provisions may conflict.
“Two roads diverged in a wood, and . . .” the Prime Contractor had to take both roads at the same time to the same place.
Generally, the Government is not responsible for delays caused by third parties, even other contractors at its own project site, unless the Government affirmatively indicates the site will be ready and available.
Prime contractors, have you ever submitted a subcontractor’s claim to a public owner? Subcontractors, have you ever wanted to submit a claim against the government, but you had no contract with government?
Suppose that you (the Contractor) had extra costs and want payment for those extra costs from the designer.
The government need not follow the industry standard. It can do less or more.
Have you ever played hide and seek? If you are the seeker, do you win the game when you find the hidden person? Yes, of course! Unless, you’re a government contractor.
