General Insurance Company of America v. United States for the Use of Audley Moore & Son

GODBOLD, Circuit Judge:

Sulphur Springs, Texas has a new post office and federal building, and Audley Moore & Son, as a subcontractor of Professional Constructors, helped build it. Moore, not having been paid, made proper demand on Professional on May 4, 1966 for payment for labor and materials furnished. Payment was not made. This Miller Act case, 40 U.S.C.A. § 270a et seq., against General Insurance Company of America as surety on Professional’s payment bond, was filed April 20, 1967.

The primary issue on appeal, which is dispositive of the case, is whether the claim was barred by the statute…