APPEALS COURT REMANDS CASE TO DETERMINE IF PROJECT IS GOVERNED BY MILLER ACT
publication date: Feb 27, 2005
In a dispute over costs for disposal of contaminated material, the excavating subcontractor was awarded $56,000 in damages plus interests, costs and mediation sanctions, but the general contractor’s bonding company was dismissed from the suit filed in state court. In finding the dismissal improper, the appeals court also directed the lower court to first determine if the contract, which was performed on federal property, was governed by the Miller Act.
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