Hey... What's up, everybody? I know, no one has heard from me in a while, but i'm back. I found that the courts was making money out of thin air! Here's the "Miller Act Of 1935".
MILLER ACT OF 1935
THE LAW THE JUDGE USES TO CREATE THE BOINDS ON YOU Is THE MILLER ACT OF 1935 the federal form numbers are 273 274 and 275, the re-warrent contract officer is the person that transfers the contract bonds into the tradeing process the release form numbers are form 90 and 91. here is what you do make them produce them turmn them over print for deposit only for settlement and closure of account, sign your name as authorized agent for grantor. now you are going to fill out the 1040ez that they have been enriched from your exemption but dont sign it now they are responsible for the tax
Reinsurance Agreement for a Miller Act Performance Bond (SF273)
Reinsurance Agreement for a Miller Act Payment Bond (SF 274)
Reinsurance Agreement in Favor of the United States (SF 275)
Summary of Reinsurance Treaties for Certified Surety, Certified
Surety Information Office |
www.sio.org
The Information Source on Surety Bonds in Construction
The Miller Act
In the United States, the law requiring contract surety bonds on federal construction projects is known as the Miller Act (40 U.S.C. Section 3131 to 3134). This law requires a contractor on a federal project to post two bonds: a performance bond and a labor and material payment bond. The surety company issuing these bonds must be listed as a qualified surety on the Treasury List, which the U.S. Department of the Treasury issues each year.
The Miller Act provides that, before a contract that exceeds $100,000 in amount for the construction, alteration, or repair of any building or public work of the United States is awarded to any person, that person shall furnish the federal government with the following:
A performance bond in an amount that the contracting officer regards as adequate for the protection of the federal government.
A separate payment bond for the protection of suppliers of labor and materials. The amount of the payment bond shall be equal to the total amount payable by the terms of the contract unless the contracting officer awarding the contract makes a written determination supported by specific findings that a payment bond in that amount is impractical, in which case the amount of the payment bond shall be set by the contracting officer. The amount of the payment bond shall not be less than the amount of the performance bond.
The Miller Act payment bond covers subcontractors and suppliers of material who have direct contracts with the prime contractor. These are called first-tier claimants. Subcontractors and material suppliers who have contracts with a subcontractor, but not those who have contracts with a supplier, are also covered and are called second-tier claimants. Anyone further down the contract chain is considered too remote and cannot assert a claim against a Miller Act payment bond posted by the contractor.
Many states in the U.S. have adapted the Miller Act for use at the state level. These state statutes may be referred to as, "Little Miller Acts."
Miller Act Statute
TITLE 40. PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3131. Bonds of contractors of public buildings or works
(a) Definition.--In this subchapter, the term "contractor" means a person awarded a contract described in subsection (b).
(b) Type of bonds required.--Before any contract of more than $100,000 is awarded for the construction, alteration, or repair of any public building or public work of the Federal Government, a person must furnish to the Government the following bonds, which become binding when the contract is awarded:
(1) Performance bond.--A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer considers adequate, for the protection of the Government.
(2) Payment bond.--A payment bond with a surety satisfactory to the officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond shall equal the total amount payable by the terms of the contract unless the officer awarding the contract determines, in a writing supported by specific findings, that a payment bond in that amount is impractical, in which case the contracting officer shall set the amount of the payment bond. The amount of the payment bond shall not be less than the amount of the performance bond.
(c) Coverage for taxes in performance bond.--
(1) In general.--Every performance bond required under this section specifically shall provide coverage for taxes the Government imposes which are collected, deducted, or withheld from wages the contractor pays in carrying out the contract with respect to which the bond is furnished.
(2) Notice.--The Government shall give the surety on the bond written notice, with respect to any unpaid taxes attributable to any period, within 90 days after the date when the contractor files a return for the period, except that notice must be given no later than 180 days from the date when a return for the period was required to be filed under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(3) Civil action.--The Government may not bring a civil action on the bond for the taxes--
(A) unless notice is given as provided in this subsection; and
(B) more than one year after the day on which notice is given.
(d) Waiver of bonds for contracts performed in foreign countries.--A contracting officer may waive the requirement of a performance bond and payment bond for work under a contract that is to be performed in a foreign country if the officer finds that it is impracticable for the contractor to furnish the bonds.
(e) Authority to require additional bonds.--This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases, specified in subsection (b).
Your "Think Tank",
Phillip Gillon