United States of America, for the Use and Benefit of Interstate Mechanical Contractors, Inc. v. International Fidelity Insurance Company

OPINION

DAVID W. McKEAGUE, District Judge.

Plaintiff Interstate Mechanical Contractors, Inc. (“Interstate”), a subcontractor, commenced this action under the Miller *458Act, 40 U.S.C. § 270a et seq. Interstate seeks to recover against a payment bond issued by the defendant International Fidelity Insurance Co. (“Fidelity”), as surety for the prime contractor, Parmeco, Inc. (“Parmeco”). On cross-motions for summary judgment, the magistrate judge held that Interstate’s complaint was not filed within the Miller Act’s one-year statute of limitations period and granted summary judgment in favor of…