United States of America for the Use and Benefit of Floating Floors, Inc., a Corporation v. Federal Insurance Company, a Corporation

This case involves a notice problem under the Miller Act. The notice given in this case was not timely unless the time was extended by the furnishing of some replacement panels. We hold that the time was not extended, that there was not any material issue of fact, and we affirm the action of the trial court in granting a motion for summary judgment.

The United States contracted with Murray J. Schiff Construction Co. (Schiff) to do a job involving the use of floor panels. Schiff sublet to L. D. Reeder Co. (Reeder) which purchased the panels from Floating Floors, Inc. (use plaintiff), which, in turn, purchased them from Commercial Steel Company (Commercial), the manufacturer. Defendant furnished the Miller Act bond for Schiff. Reeder did not pay use plaintiff for the panels which were used in the job and it now seeks judgment against the defendant.

After the Miller Act notice time had expired, the United States notified Schiff that some of the panels had failed. Schiff called the use plaintiff and advised it of the failure. There is some conflict as to the substance of the conversation but this much is clear: Use plaintiff did not deliver the replacement panels to Schiff; it did…