The United States for the Use and Benefit of Conveyor Rental & Sales Company v. Aetna Casualty & Surety Company

The United States for the use and benefit of Conveyor Rental & Sales Company (“Conveyor Rental”) appeals the district court’s grant of summary judgment in favor of Aetna Casualty & Surety Company (“Aetna”) in a Miller Act action, pursuant to 40 U.S.C. § 270a-270d. Conveyor Rental seeks payment from Aetna, the surety for government contractor Ed Wain Construction Company (“Ed Wain”), for equipment rented by the San Carlos Apache Tribal Utility Authority (“the Tribe”), which had contracted with Ed Wain to furnish crushed rock to facilitate Wain’s completion of his government contract. This action arises from the Tribe’s refusal to pay Conveyor Rental after Ed Wain filed for bankruptcy. We have jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

STATEMENT OF FACTS

Ed Wain Construction Company was hired by the Bureau of Indian Affairs (“BIA”) to construct a road (the Point of Pines Road Project) and a bridge (the San Carlos Bridge Project). Pursuant to the Miller Act, which requires a government contractor to post a surety bond to protect those who supply labor or materials on a federal project, Ed Wain posted bond, with Aetna as surety.

Ed Wain entered into a contract with the…