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The Miller Act (ch. 642, Sec. 1-3, 49 stat. 793,794, codified as amended in Title 40 of the United States Code)〔 (formerly )〕 requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers. The Act was originally enacted as the Heard Act in 1893. It came to be known as the Miller Act in 1935.〔Schubert L. (2003). (Q&A: The Legal Basics of Surety Bonds ). ''Construction Executive''.〕 ==Background and Purpose== The Miller Act addresses two concerns that would otherwise exist in the performance of federal government construction projects: #Performance Bonds: The contractor's abandonment or other non-performance of a government job may cause critical delays and added expense in the government procurement process. The bonding process helps weed out irresponsible contractors while the bond itself defrays the government's cost of substitute performance. The subrogration right of the bond surety against the contractor (i.e., the right to sue for indemnification) is a deterrent to non-performance. #Payment Bonds: Subcontractors and material suppliers would otherwise be reluctant to work on such projects (knowing that sovereign immunity prevents the establishment of a mechanic's lien) - decreasing competition and driving up construction costs. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Miller Act」の詳細全文を読む スポンサード リンク
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