This website requires certain cookies to work and uses other cookies to help you have the best experience. By visiting this website, certain cookies have already been set, which you may delete and block. By closing this message or continuing to use our site, you agree to the use of cookies. Visit our updated privacy and cookie policy to learn more.
This Website Uses Cookies
By closing this message or continuing to use our site, you agree to our cookie policy. Learn More
This website requires certain cookies to work and uses other cookies to help you have the best experience. By visiting this website, certain cookies have already been set, which you may delete and block. By closing this message or continuing to use our site, you agree to the use of cookies. Visit our updated privacy and cookie policy to learn more.
Plumbing and Mechanical (pmmag) logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Plumbing and Mechanical (pmmag) logo
  • Home
  • Magazine
    • Current Issue
    • Digital Edition
    • Archives
    • Product Focus
    • Truck of the Month
    • Plumber of the Month
    • Tool Tips
    • PM Profile
    • Ad Index
    • Bookstore
  • Market Sectors
    • Plumbing News
    • Mechanical Systems
    • Radiant/Hydronics
    • Solar Thermal/Geothermal
    • Green
    • Bath & Kitchen
    • Fire Protection
    • Water Quality
    • Technology
    • Codes
    • Business Management
  • Columnists
    • John Siegenthaler: Hydronics Workshop
    • Al Levi: Managing your business
    • Dan Holohan: Heating Help
    • Kenny Chapman: Blue Collar Coach
    • Adams Hudson: Marketing Strategies
    • Jim Hamilton: The Bottom Line
    • Ray Wohlfarth: The Boiler Room
    • Nicole Krawcke: Editorial Opinion
    • Julius Ballanco: Plumbing Primer
    • Matt Michel: Service Plumbing Pros
    • Dave Yates: Contractor’s Corner
  • Blog
    • The 7-Power Contractor
    • PM On The Road
  • Radiant & Hydronics
  • Multimedia
    • PM AHR Expo 2019 Videos
    • Photo Gallery
    • PM Network Videos
    • PM YouTube Channel
    • Podcasts
    • Webinars
    • Showrooms
    • eBooks
  • Products
  • More
    • History of Plumbing
    • Industry Calendar
    • Classified Ads
    • Industry Links
    • Radiant Comfort Report
    • Green Plumbing & Heating
    • PVF Outlook
    • PB Outlook
    • Sponsor Insights
    • eNewsletters
    • Subscribe to Plumbing Group eNewsletters
    • Market Research
  • Directories
    • RCR Buyers Guide
    • B.I.G. Book
    • Rep Locator
  • Contact
    • Advertise
Home » NAPHCC Speaks To Supreme Court Regarding Landmark Miller Act Case

NAPHCC Speaks To Supreme Court Regarding Landmark Miller Act Case

June 1, 2000
Joseph Ursitti
Reprints
No Comments
The United States Supreme Court heard a "friend-of-the-court" brief earlier this month from the Plumbing-Heating-Cooling Contractors — National Association regarding a case that could greatly strengthen a contractor’s lien rights.

Along with other trade organizations, the NAPHCC filed the brief in the U.S. Department of Army v. Blue Fox Inc. case. At issue is whether a subcontractor can sue a federal agency for payment not made by the prime contractor. Arguments were heard Dec. 1.

"The Blue Fox case is important because it could strengthen bonding rights for subcontractors," the organization said. "The case revolves around the Miller Act and the ability of the subcontractor to receive payment for services rendered."

Payment bonds allow subcontractors to place a lien on an owner’s property in case a subcontractor is not paid for their services. Federal property, however, is owned by the public — and cannot have a lien placed on it. The Miller Act states that the federal government must require the prime contractor to secure a payment bond to protect people supplying labor and material to the project.

The trade organizations support Blue Fox’s position. A Supreme Court ruling in favor of the subcontractor would make the federal government accountable for its mistakes and ensure that subcontractors will be paid for their work on federal projects — even if the government fails in its responsibility to ensure a Miller Act bond is in place.

"As a subcontractor who has been hurt financially by the current lien rights situation under the Miller Act, I wholeheartedly support this effort to make sure subcontractors like myself are protected in the future," said PHCC member Jim Witten, of Witten Bros. Inc. in Charlestown, Ind. "When prime contractors do not make payments to subs and the Federal agency involved fails to get the required bonding, that Federal agency should pay the bill."

Blue Fox, a subcontracting firm working on an army depot in Oregon, was not paid for its work after the prime contractor went bankrupt. The Army’s contracting officer failed to require the prime contractor to secure a Miller Act bond.

Blue Fox sued the Department of Army for the money owed to them for the work completed, but the Army argued they did not have to pay. The Army said the blame fell to the prime contractor, and that they could not be sued under the doctrine of sovereign immunity, which holds that the federal government cannot be sued for money damages unless Congress has passed a law permitting the suit.

Lower courts have sided with both parties, most recently the 9th Federal Circuit Court in favor of Blue Fox.

A decision from the Supreme Court will be issued in the spring of 1999.

pm-subscribe

Recent Articles by Joseph Ursitti

Supreme Court Underscores Need For Miller Act

Court To Decide If Apprentices Need Diploma

Kohler Co. Settles Discrimination Suit

Comfort Systems USA Stock Plummets

PSI Holds First Meeting

Joseph Ursitti is a former Managing Editor of PM magazine.

Related Articles

Supreme Court Underscores Need For Miller Act

Miller Act To Get Facelift?

NAPHCC Schedules To Change

Court To Decide If Apprentices Need Diploma

You must login or register in order to post a comment.

Report Abusive Comment

Subscribe For Free!
  • Print & Digital Edition Subscriptions
  • eNewsletters
  • Online Registration
  • Subscription Customer Service

More Videos

Popular Stories

Space-saving

Preventing scale damage in tankless water heaters

The Glitch.jpg

The Glitch and Fix: Keep the cost down

Pre-fabricated snow melting

Radiant: More than just a luxury home building option

Siggy_single coil

Single coil solution

exhaust line

Dave Yates: Dominoes

PM-Rectorseal-Quiz-360x184


PM-COTY 2019

Events

December 30, 2030

Webinar Sponsorship Information

For webinar sponsorship information, visit www.bnpevents.com/webinars or email webinars@bnpmedia.com.

View All Submit An Event

Products

2020 National Plumbing & HVAC Estimator

2020 National Plumbing & HVAC Estimator

See More Products

PM_Top20Products360

Plumbing and Mechanical

Plumbing & Mechanical December 2019

2019 December

Check out the December 2019 edition of Plumbing & Mechanical: 2020 B.I.G. Book, John Siegenthaler on geothermal water-to-water heat pump system design and installation, maximizing efficiency on small-diameter piping projects and much more!
View More Create Account
  • Resources
    • Reprints
    • List Rental
    • Contact Us
    • AEC Store
    • Blogs
    • Radiant & Hydronics
    • Industry Links
    • Market Research
    • Custom Content & Marketing Services
    • Privacy Policy
  • Want More
    • Connect
    • Survey And Sample
  • Plumbing Group
    • PM Engineer
    • Supply House Times
  • Advertise
    • Advertise
    • Plan for 2020!

Copyright ©2019. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing