Federally owned construction projects are covered by a Miller Act Payment Bond for the benefit of the subcontractors and suppliers thereof.  If you make a claim for payment under the Miller Act, you may, under certain circumstances, also have a claim for attorney fees and interest.  The text of the Miller Act is silent with respect to attorney fees and pre-judgment interest.  However, federal common law allows the recovery of both under certain circumstances.

The Miller Act requires a payment bond on federally owned projects where the prime contract is in excess of $100,000.  If you–a subcontractor or supplier–have a contract or account directly with the general contractor, you are covered.  If you do not have a direct contract with the general contractor, you are protected only if the