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MAI STEEL SERVICE, INC. v. BLAKE CONST. CO.

Nos. 88-6409, 88-6410.

981 F.2d 414 (1992)

MAI STEEL SERVICE INC., a Kansas Corporation, Plaintiff-Appellee, v. BLAKE CONSTRUCTION COMPANY, Defendant, and Molnick's Inc., a Corporation, Defendant-Appellant. MAI STEEL SERVICE INC., a Kansas Corporation, Plaintiff-Appellee, and Blake Construction Company; and Aetna Casualty & Surety Company, Defendant-Appellee, and Commercial Union Insurance Company, Defendant-Appellee, v. MOLNICK'S INC., a Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Robert S. Kilborne, San Diego, CA, for defendant-appellant.

James L. Trachy, Anderson, McPharlin & Conners, Los Angeles, CA and Judah Lifschitz, Shapiro & Lifschitz, Washington, DC, for defendants-appellees.

Oscar Irwin, Hillyer & Irwin, San Diego, CA, for the plaintiff-appellee.

Before: PREGERSON, D.W. NELSON and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

This appeal challenges a district court ruling that appellant Molnick's Inc., a steel installer on a federal construction project, cannot recover under either the prime contractor's Miller Act payment bond or the subcontractor's common law payment bond for its increased labor and material costs attributable to construction delays. We have jurisdiction under 28 U.S.C. § 1291 and we reverse. We also conclude that the prime contractor...

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