Unlicensed Subcontractor Can Pursue Miller Act Bond Claim

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Technica LLC v. Carolina Casualty Ins. Co., 749 F.3d 1149,2014 U.S. App. LEXIS 8023 (9th Cir., April, 29, 2014)


The 9th Circuit held that the fact that a subcontractor was unlicensed under California state law did not affect the subcontractor's ability to assert a Federal Miller Act payment bond claim.  The Court concluded "the Miller Act may not be conditioned by state law."
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

www.trentcotney.com

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