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Federal Court in Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not 'A Public Work of the Federal Government' and Therefore the Court Had No Jurisdiction Over a Subcontractor's Claim Under the Miller Act, Where the United States Was Not a Contracting Party and the Projects Were Not Constructed on Federal Property

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018)

Author: Luke Nicholas Eaton

2/15/2018

Read the full post at Constructlaw

Federal Court in Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not 'A Public Work of the Federal Government' and Therefore the Court Had No Jurisdiction Over a Subcontractor's Claim Under the Miller Act, Where the United States Was Not a Contracting Party and the Projects Were Not Constructed on Federal Property

Triangle Construction Company, Inc. (Triangle) contracted with Mississippi Portfolio Partners III, LP (Mississippi Partners) to serve as the prime contractor on four apartment complex construction projects (the Projects) in Mississippi. Triangle subcontracted the HVAC and plumbing work to Metro Mechanical, Inc. (Metro). After Metro completed its work, Metro filed suit in the Federal District Court under the Miller Act, to collect sums due from Triangle and its payment bond surety. Triangle moved to dismiss, asserting that the Court was without Miller Act jurisdiction because the projects and contracting parties were private.

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