United States for the Use and Benefit of S&g Excavating, Inc. v. The Seaboard Surety Company

EASTERBROOK, Circuit Judge.

An unpaid subcontractor on a federal project can obtain compensation from a bond posted under the Miller Act. A subcontractor hired by the general contractor may proceed directly against the general contractor’s bond. A sub-subcontractor— that is, a firm hired by a subcontractor, and not dealing directly with the general contractor — must first notify the general contractor of its situation. A sub-subcontractor

shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person…