Ragan v. Tri-County Excavating, Inc.

OPINION OF THE COURT

GARTH, Circuit Judge:

Defendant-Appellant Hartford Fire Insurance Company is the surety on a labor and material payment bond purchased by Mele Construction Co., Inc. (“Mele”). Hartford’s bond required prospective claimants who were not in a “direct contract” with Mele to give written notice of their claims within 90 days after they ceased work. Plaintiffs-Ap-pellees, tardy claimants on Hartford’s bond, are the International Union of Operating Engineers, Local 542 and Michael J. Ragan as administrator of various “fringe benefit” funds associated with Local 542 (collectively,…