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From a purely practical standpoint, the general contractor on a public construction project – the principal under the Miller Act payment bond – will ultimately be required to reimburse the surety for any amounts the surety pays out to satisfy a payment bond claim.

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As in a lien case, the claimant must still establish that it is owed the money it is seeking to recover in order to establish the right to recover against the payment bond. The payment bond cannot be in an amount less than the amount of the performance bond. Although logical arguments could be made to the contrary, the performance bond required by the Miller Act is not available to assure performance of the general contractor's obligations to pay subcontractors and materialmen, and the payment bond is not available to assure performance to the owner.

E.136, 138 (1926) (stating that the prior version of the Little Miller Act was "passed as a substitute for the lien statutes in an effort to place public construction somewhat on a parity with private work of a similar kind").

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