Anne Arundel County v. Fidelity & Deposit Co.

RODOWSKY, Judge.

In this appeal we hold that the one year statute of limitations under the Little Miller Act applies only to claims on payment bonds and does not apply to claims on performance bonds.

The appellant, Anne Arundel County, Maryland (the County), owns and operates the Cattail Creek Sewage Pumping Station. On or about February 26, 1986, a sixteen inch, cast iron pipe, force main on the discharge side of the pumping station ruptured, causing erosion and other damage. The pumping station and its associated mains had been constructed for the County by Dunton, Inc. under a contract dated…