United States Ninth Circuit

Judgment in favor of plaintiff in an action under the Miller Act alleging that a subcontractor on a federal project failed to pay for equipment rented on an open book account is affirmed, where: 1) plaintiff's notice of demand, served on the prime contractor within ninety days of the last day on which the plaintiff furnished the equipment, was timely as to equipment furnished more than ninety days before the notice; 2) if all the goods in a series of deliveries by a supplier on an open book account are used on the same government project, then the ninety-day notice is timely as to all of the deliveries if it is given within ninety days from the last delivery; and 3) the district court properly determined when plaintiff's duty to mitigate damages arose, as well as the award of contractual prejudgment interest.

Appellate Information

• Decided 06/20/2014
• Published 06/20/2014

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel