Southern Steel Company, Inc. v. United Pacific Insurance Company, Defendant-Counter-Defendant

Southern Steel Company sued United Pacific Insurance Company as surety on a payment bond required by the Georgia counterpart to the federal Miller Act, O.C. G.A. Section 13-10-1, et seq., and Section 36-82-100, et seq. (Georgia’s “Little Miller Act”). The district court granted summary judgment for United Pacific. Because we find that there exists a genuine issue of material fact, we reverse.

I. Facts

Cobb County, Georgia engaged Noonan Kellos, Inc. (now known as Noonan-South, Inc.) as prime contractor to build a jail for the county. Noonan-South, as required by law, executed payment and…