Insurance Co. of North America v. Genstar Stone Products Co.

RODOWSKY, Judge.

Here, a materials supplier to a subcontractor on a public school construction project sues on the prime contractor’s payment bond required under the Maryland Little Miller Act (the Act), Maryland Code (1985, 1995 RephVol.), §§ 17-101 through 17-110 of the State Finance and Procurement Article. The surety contends that the supplier’s notice to the prime contractor, required by § 17-108(b)(l) of the Act, was untimely. Under the surety’s submission, sales and deliveries to the subcontractor of materials that the subcontractor then used in making repairs to the work must be…