United States of America, for the Use and Benefit of Blue Circle West, Inc. v. Tucson Mechanical Contracting Inc., an Arizona Corporation, Dba Tmci
Opinion
Opinion
Kozinski, J.
We consider the adequacy of a supplier’s notice to a contractor under the Miller Act.
Facts
Tucson Mechanical (TMCI) was the prime contractor for a construction project at the Davis-Monthan Air Force Base in Tucson, Arizona. TMCI, as principal, and Fairmont Insurance Company, as surety, executed a payment bond to guarantee payment to all those supplying labor and materials to the project. The bond ran in favor of the United States as obligee and was filed with the Air Force contracting office. Under the Miller Act, 40 U.S.C. §§ 270a et seq., such bonds are required of all contractors on federal government construction projects.
TMCI engaged Baca Masonry Company as a subcontractor. Baca, in turn, was to hire suppliers to provide certain materials to the project. Blue Circle West was one of those suppliers.
On August 6, 1987, one day prior to its last shipment of material to the project, Blue Circle sent a letter to TMCI. The letter was headed “NOTICE TO CONTRACTOR-MILLER ACT,” and advised TMCI that Blue Circle had supplied or would supply to Baca $10,000.00 in building materials to be used on the Davis-Monthan project. The letter closed: “This notice is not intended to indicate…