Summary Judgment For General Contractor On Miller Act

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Through aggressive discovery, achieved summary judgment for general contractor on Miller Act payment bond claim by second-tier supplier on the basis of equitable estoppel and unclean hands. The decision was upheld on appeal, and the contractor recovered its attorneys’ fees.