United States ex rel. S.C.I. Construction Co. v. Gajic

ORDER

NORGLE, Judge.

Before the court is defendant’s, Ray Ga-jic’s (“Gajic”), motion to dismiss for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). For the following reasons, the motion is denied.

Gajic, the prime contractor, was awarded the contract for construction of a Norwood Park post office. Under provisions of the Miller Act, 40 U.S.C. § 270a(a)(2), he furnished a bond for the protection of those supplying labor or material. Gajic entered into a subcontract with Dragon Construction. Dragon, in turn, entered into a contract with S.C.I. Construction…