Dist. Ct. did not err in granting defendants‘ (sureties for prime contractor) motion for summary judgment in Miller Act lawsuit filed by plaintiff-subcontractor, who performed work on federal govt. construction project and claimed that prime contractor failed to pay it $8.6 million for work it performed on said project. While plaintiff asserted that it could seek payment for said work from payment bond issued by defendants on behalf of prime contractor, Miller Act required plaintiff to provide notice of non-payment within 90 days after last date of plaintiff’s work on project. Record, though, showed that plaintiff had given its notice prior to last claimed date of work. Accordingly, plaintiff could not sue on instant payment bond because its notice was not “within 90 days” after its last date of work.
Federal 7th Circuit Court
Civil Court
Miller Act