Legal Opinion
United States ex rel. Sunworks Division of Sun Collector Corp. v. Insurance Co. of North America
Court of Appeals for the Tenth Circuit
Decided November 15, 1982No. 81-1005PublishedCited by 19 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Sunworks Division of Sun Collector Corporation (Sunworks) brought suit against Fortec Constructors (Fortec)1 and others, seeking payment for materials furnished for use on a federal construction project. As alternative grounds for relief, Sunworks claimed it was entitled to recover either under the provisions of the Miller Act, 40 U.S.C. §§ 270a-270d (1976), or under the principle of quantum meruit. After a bench trial on the merits, the district judge dismissed the action, concluding that Sunworks had failed to file timely notice of its claim as required by the Miller…
2Cases cited13 opinions
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- JW Bateson Co. v. United States Ex Rel. Bd. of Trustees of Nat. Automatic Sprinkler Industry Pension FundSupreme Court of the United States · 1978
- Collins v. United StatesUnited States Court of Claims · 1976
- Welling v. American Roofing & Sheet Metal Co.Supreme Court of Oklahoma · 1980
- Allsup v. SpaceNew Mexico Supreme Court · 1961
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ontiveros Insulation Co., Inc. v. SanchezNew Mexico Court of Appeals · 2000
- Hydro Conduit Corp. v. KembleNew Mexico Supreme Court · 1990
- K-W Industries, a Division of Associates Technologies, Ltd., a Corporation v. National Surety CorporationCourt of Appeals for the Ninth Circuit · 1988
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1994
14 more not listed; retrieve them via the Exa API.