United States v. Avanti Constructors, Inc.

TANG, Circuit Judge:

I. OVERVIEW

Defendant Harvis Construction, Inc. (Harvis), appeals the district court’s grant of summary judgment in favor of use plain*760tiff Martin Steel Construction, Inc. (Martin). Martin brought suit under the Miller Act, 40 U.S.C. § 270a-270d, for unpaid amounts due on its contract to supply steel materials to subcontractor Avanti Construction, Inc. (Avanti). Harvis maintains that summary judgment was improper because Martin failed to prove its prima facie case, and also because the district court erred in not allowing Harvis a set-off defense. These assertions are based…