Westburne Supply, Inc. v. Diversified Design & Construction, Inc.

OPINION

GERBER, Judge.

This appeal by the plaintiff Westburne Supply, Inc. (Westburne) from summary judgment granted in favor of the defendants Diversified Design and Construction, Inc. (Diversified) and its surety, Safeco Insurance Company of America (Safeco) involves an interpretation of Arizona’s “Little Miller Act,” Ariz.Rev.Stat.Ann. (“A.R.S.”) § 34-221 — § 34-226. The act, as amended in 1984, requires a subcontractor to provide an initial estimate of costs within twenty days of commencing to supply labor and materials along with a notice of any remaining unpaid balance within ninety days…