United States ex rel E & H Steel Corp. v. C. Pyramid Enterprises, Inc
Civil Action No. 06-4209, 2007 U.S. App. LEXIS 27347 (3d Cir. Nov. 27, 2007)
The Court of Appeals for the Third Circuit reviewed a decision of the United States District Court for the District of New Jersey in which the primary question was whether a particular project participant, responsible for supplying structural steel, was a “subcontractor” for purposes of the Miller Act, 40 U.S.C. § 3131, et seq. Reviewing the Supreme Court interpretations and the intent of the Miller Act, the Third Circuit reversed the District Court’s decision and held that the project participant at issue was a “subcontractor” under the Miller Act, because it had a substantial and important relationship with the prime contractor. Accordingly, a fabricator which had contracted to furnish steel to it could sue on the bond.