United States ex rel. Olmsted Electric, Inc. v. Neosho Construction Co.

McWILLIAMS, Circuit Judge.

This is a Miller Act case and the issue is whether the supplier gave timely notice to a general contractor of its claim against a subcontractor. The supplier brought suit against the general contractor and its surety under the provisions of the Miller Act for materials which it had furnished a subcontractor and for which payment had not been received. Both the supplier and the general contractor moved for summary judgment.

*931It was the general contractor’s position that, under the undisputed facts, the supplier’s action was barred because of the failure of the supplier…