U.S. EX REL. S & G EXCAVATING v. SEABOARD SUR. CO.

No. 00-2112.

236 F.3d 883 (2001)

UNITED STATES for the use and benefit of S & G EXCAVATING, INC., Plaintiff-Appellant, v. The SEABOARD SURETY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 2001.


Attorney(s) appearing for the Case

James E. Sullivan, David S. Craig (argued), Cox, Zwerner, Gambill & Sullivan, Terre Haute, IN, for plaintiffs-appellants.

Richard S. Pitts (argued), Richard W. McMinn, Hoffman, Drewry & Simmons, Indianapolis, IN, for Seaboard Surety Co., Austin Corp. and EUI Corp.

Sue Hendricks Bailey, Marsha C. Massey (argued), Office of the U.S. Atty, Indianapolis, IN, for United States Postal Service.

Before FLAUM, Chief Judge, and EASTERBROOK and WILLIAMS, Circuit Judges.


EASTERBROOK, Circuit Judge.

An unpaid subcontractor on a federal project can obtain compensation from a bond posted under the Miller Act. A subcontractor hired by the general contractor may proceed directly against the general contractor's bond. A sub-subcontractor — that is, a firm hired by a subcontractor, and not dealing directly with the general contractor — must first notify the general contractor of its situation. A sub-subcontractor

shall...

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