The federal 'Miller Act' and its state counterpart 'Little Miller Acts' require, on public construction projects above threshold amounts, that the prime contractor furnish:
Explanation
The federal Miller Act and the state Little Miller Acts, including Civil Code §9550, require the prime contractor to furnish a payment bond protecting subcontractors and suppliers and, on most projects, a performance bond protecting the public agency. Builder's risk covers physical damage to the work and answers no payment claim. A lien waiver runs from the claimant to the owner; it is not something the public agency issues. The bid bond does its work at award and is discharged once the contract and the required bonds are executed.
Law Reference: 40 U.S.C. §3131; Civil Code §9550This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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