United States v. Randall & Blake

WISDOM, Circuit Judge:

This appeal involves a suit brought under the Miller Act, 40 U.S.C. §§ 270a-270d. A supplier for a government construction project brought suit against the general contractor and its surety because the supplier was never paid in full. The district court granted summary judgment in favor of the supplier. The general contractor and its surety appeal on several grounds. We affirm in part and remand in part.

I

The Miller Act provides protection for subcontractors and their suppliers engaged in federal construction projects. Ordinarily, these persons would be protected by state…