United States ex rel. American Bank v. C.I.T. Construction Inc. of Texas

GOLDBERG, Circuit Judge:

We decide several interrelated issues in this Miller Act case, but our inquiry primarily focuses on one issue: Does a Miller Act claimant’s failure to file its claim within the one-year limitation period of 40 U.S.C. § 270b(b) mean that a district court must dismiss both the Miller Act claim and pendent state law claims for lack of subject matter jurisdiction?

I. BACKGROUND

In January 1987,1 the Army and Air Force Exchange Service contracted with C.I.T. Construction Incorporated of Texas (“CIT”) for expansion of a shopping center located at the Bergstrom Air Force base…