United States ex rel. Apex Roofing & Insulation, Inc. v. Union Indemnity Insurance

This is an action under the Miller Act, 40 U.S.C. secs. 270a and 270b. Hradesky appeals the district court’s denial of his motion to dismiss based on lack of subject matter jurisdiction and the district court’s conclusion that the plaintiff acted reasonably to mitigate damages.

Apex Roofing and Insulation, Inc. (“Apex”) filed this action against Ed Hradesky individually and d/b/a Chematics of Pa(s) (“Chematics”), Union Indemnity Insurance Company of New York (“Union Indemnity”) and S.V.S. Building and Development Corporation (“SVS”). SVS was the prime contractor under a United States…