Miller Act Bonding: A Primer on Requirements and Waiver

The statute commonly referred to as the Miller Act, 40 U.S.C. §§ 3131–34, requires contractors in privity with the United States to post performance and payment bonds on certain construction contracts. This article provides an overview of the statute and its implementation in the Federal Acquisition Regulations (FAR), its bonding requirements, and when the government may waive those requirements.