United States Eighth Circuit

District court erroneously instructed the jury on the total cost method of recovery by requiring a showing that defendant general contractor had some responsibility for causing plaintiff's losses. The Miller Act does not require that the general contractor be at fault for the subcontractor to recover on the Miller Act payment bond; damages under the Miller Act may be calculated using the total cost method.

Appellate Information

• Decided 01/13/2004
• Published 01/13/2004

Judges

• HANSEN, Circuit Judge., Before LOKEN, Chief Judge, HEANEY and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John E. Hilton, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Lester J. Hubble, argued, St. Louis, MO, for appellee.