United States Ninth Circuit

Dismissal of plaintiff-subcontractor's complaint alleging federal question jurisdiction over a claim under the Miller Act, which requires that a general contractor on a federal construction project furnish a payment bond for the protection of all persons supplying labor and material on the project, is reversed and remanded, where: 1) the Miller Act's statute of limitations is a claim processing rule, not a jurisdictional requirement; and 2) because nothing on the face of the complaint indicates the subcontractor did not work on the project or rent equipment to the general contractor within one year of the date the complaint was filed, the complaint could not have been dismissed if the district court had treated the Miller Act's statute of limitations as a claim-processing rule.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel