Operating Engineers Health & Welfare Trust Fund v. JWJ Contracting Co.

The United States for the Use of Arizona State Carpenters Pension Fund, a trust; Arizona State Carpenters Health & Welfare Trust Fund, a trust; Arizona State Carpenters Vacation Savings Trust Fund, a trust; Arizona State Carpenters Joint Apprenticeship Program, a trust, et al. (collectively “Carpenters Trust Funds”), and the United States for the use and benefit of (a trust), Operating Engineers Health and Welfare Trust Fund; the United States for the use and benefit of (a trust), Operating Engineers Joint Apprenticeship Program; the United States for the use and benefit of (a trust) Operating Engineers Vacation-Savings Trust Fund (collectively “Operating Engineers Trust Funds”) separately appeal the judgment of the United States District Court for the District of Arizona, Docket No. CIV 94-2122-PHX-SMM, granting summary judgment in favor of JWJ Contracting Company, Inc. (“JWJ”) and Continental Insurance Company (“Continental”) on the Trust Funds’ Miller Act claim and dismissing their remaining claims. We reverse the judgment as to the Little Miller Act claim, affirm, the judgment in all other respects, and remand.

Background

JWJ entered into public-works contracts with the…