United States ex rel. T.M.S. Mechanical Contractors, Inc. v. Millers Mutual Fire Insurance

GOLDBERG, Circuit Judge:

The facts in this Miller Act case present a question of law: whether the delay and termination components of the subcontractor’s Miller Act claim constitute “labor or material [furnished] in the prosecution of the work provided for in [the] contract.” 40 U.S.C.A. § 270b(a) (1986).

Plaintiff T.M.S. Mechanical Contractors, Inc., subcontractor on a government construction project, appeals from a judgment denying its delay and termination claims against Miller Act surety Millers Mutual Fire Insurance Company of Texas. Defendant Millers Mutual Fire Insurance Company of Texas…