United States ex rel. Yonker Construction Co. v. Western Contracting Corp.

JOHN R. GIBSON, Circuit Judge.

Western Contracting Corporation and its surety, Aetna Casualty and Surety Company, appeal from a judgment in favor of Western’s subcontractor, Yonker Construction Company, on Yonker’s Miller Act claim. Western argues that Yonker’s claims are barred because it failed to give written notice of cost overruns as required by their subcontract. Western also argues that the district court improperly awarded Yonker elements of damages not recoverable under the Miller Act, prejudgment interest, and attorneys’ fees. We reverse the award of prejudgment interest but affirm…