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The Surety’s Right to Require Suit Against the Principal

By Mendicino On November 9, 2009 · Leave a Comment · In Blog, Surety Advisor

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In most jurisdictions, a payment bond claimant has no obligation to sue both the principal and the surety in pursuing a payment bond claim. State and federal courts have long recognized this rule and have permitted payment bond claimants to sue the surety alone. This principle is considered to be consistent with the purpose of the Miller Act and various Little Miller Acts, which is to provide a means of protecting subcontractors and suppliers that provide labor and materials to public projects, given that these entities are unable to secure mechanic’s liens on such projects.
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