United States Ex Rel. Accoustical Concepts, Inc. v. Travelers Casualty & Surety Co. of America
635 F. Supp. 2d 434 | District Court, E.D. Virginia | 2009
Holding Summary
Miller Act sureties cannot rely on setoff provisions in subcontracts to offset claims arising from unrelated non-federal projects, as doing so would delay payment and contradict the Miller Act's purpose of ensuring prompt payment to federal construction subcontractors.
Setoff provisions contravene the Miller Act's purpose of providing prompt payment to subcontractors.
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