United States ex rel. Hawaiian Rock Products Corp. v. A.E. Lopez Enterprises, Ltd.

Good Law
40 Cont. Cas. Fed. 76,895·74 F.3d 972·96 Daily Journal DAR 929·33 Fed. R. Serv. 3d 1352·1996 U.S. App. LEXIS 1078
United States Court of Appeals for the Ninth CircuitJanuary 29, 1996No. 94-15427California1,764 words

Opinion

Lead Opinion

Pregerson, J.

The Miller Act, 40 U.S.C. § 270 , was enacted to protect suppliers of materials and labor for federal projects, and courts must construe it liberally to effect this purpose. F.D. Rich Co., Inc. v. United States, 417 U.S. 116, 124 , 94 S.Ct. 2157, 2162-63 , 40 L.Ed.2d 703 (1974). In particular, the act requires a general contractor on a federal project to post a bond to protect those who supply labor or materials for the project. 40 U.S.C. § 270a(a)(2). Under the act, a supplier may bring suit on the bond for any unpaid amounts. 40 U.S.C. § 270b(a).

A.E. Lopez Enterprises, Ltd. (A.E. Lopez), entered into a contract to build driveways at Anderson Air Force Base on Guam. Glen Roger Thompson executed an individual surety bond for the payment to all A.E. Lopez suppliers on the project.

Hawaiian Rock Products Corporation (Hawaiian Rock) and Guam Concrete Group, Ltd. (Guam Concrete) supplied A.E. Lopez with concrete and other materials for the Anderson driveway construction project.

Before May 1, 1992, Guam Concrete delivered $5,400.00 worth of concrete and other materials to A.E. Lopez. Before August 6, 1992, Hawaiian Rock delivered $146,112.78 worth of ready-mix concrete and other…

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