United States of America Ex Rel. Dover Elevator Company, Etc. v. General Insurance Company of America, a Washington Corporation

This action was brought in the District Court under the Miller Act, 1 by a materialman against a bonding company, to recover the value of materials furnished on a public improvement. The defense was that the action was not brought prior to “the expiration of one year after the date of final settlement of such contract,” as required by Section 270b (b) of the Act which was in force at the time the contract was entered into.

The Miller Act was amended by Public Law 86-135, effective August 4, 1959, so as to provide for the filing of suit not later than one year from the date on which the last…