Trio Forest Products, Inc. v. FNF Construction, Inc.

OPINION

HATHAWAY, Judge.

This is an appeal from a summary determination by the trial court holding that appellant Trio Forest Products, Inc. (Trio) had no claim against appellees FNF Construction, Inc. (FNF) and its surety, National Union Fire Insurance Company of Pittsburgh, PA., (National Union), under the Arizona Little MiUer Act, A.R.S. §§ 34-221 through 34-226. We reverse.

Arizona enacted the Little MiUer Act in 1969, modeling it after the Federal MUler Act, 40 U.S.C. §§ 270a through 270d (the Federal Act). Both acts require that a general contractor on a pubUc project post a bond to ensure…