Trinity Universal Insurance Company v. Charles L. Girdner, D/B/A Girdner Electric & Refrigeration Service

The Miller Act statute of limitations provides that no subcontractor may commence suit against the Miller Act surety “after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him.” 40 U.S.C. § 270b (b).

In this case the only work done by the subcontractor within the year before the commencement of suit was to replace some defective pipe insulation which he had previously installed and to replace a seal in an air conditioning unit. The subcontractor performed these operations on the demand of the government inspector, who refused to…