Are there any cases that support an extension of time beyond one year to file a Miller Act claim? A bankruptcy court had barred any collection action against the prime contractor. One attorney on this site told me I just needed to file a mechanic's lien against the Federal property. (Wrong!) Three attorney's couldn't help due to a conflict of interest. (One was the prime contractor's attorney, another was the general contractor's attorney, and the third was the arbitrator. I filed a pro se action, however, it was over the one year time limit, due to lack of information, inability to find legal counsel, and the Bankruptcy Court telling me I couldn't file any collection actions against the contractor.
I never received any notice from the contractor about the payment bond. The bond was taken out by the general (first tier) contractor on behalf of the prime contractor, with a personal guarantee by the owners of the general contracting company for over half of the bond amount, basically defeating the intent of the payment bond.
I just need information to give to the court showing the court that it can extend the filing time due to extenuating circumstances.
The Prime contractor is out of business. the owners of the Prime are under investigation by Naval Criminal Investigation Services, Great Lakes for fraud.
Neither my Congressman nor Senators have been able to offer any information or help, other than helping launch the NCIS investigation.
This message is the only response I have received.
Would this also apply to collecting from the Bonding company?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).