Ray DeLuca, Fred Jacoby, and Jeff Mullen, attorneys in the firm's Construction Law Group, published, "How the Miller Act May Help a Subcontractor Avoid the Effect of Subcontract Terms" for The Legal Intelligencer. Construction contracting is an exercise in dealing with risks by allocating them among the various project participants. Most construction contracts contain terms and conditions that shift the risk of nonpayment from the owner downstream to the subcontractor. The article includes a discussion of recent federal cases addressing a surety’s ability to avail itself of certain contractual defenses in the context of the Miller Act.
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