United States ex rel. Raymond A. Bergen, Inc. v. DeMatteo Construction Co.

MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

DALY, District Judge.

I

This is a subcontractor’s action under the Miller Act, 40 U.S.C. § 270a and § 270b, to recover on the prime contractor’s bond for materials furnished for use in the construction of a United States postal facility. Arising in the context of cross motions for summary judgment, the critical issue is whether the use plaintiff provided the prime contractor with notice of action “within ninety days from the date on which such person . . . furnished or supplied the last of the material for which such claim is made,” as…