Technica LLC v. Carolina Cas. Ins. Co.

Technica, a subcontractor on a federal construction project in California, filed suit under the Miller Act, 40 U.S.C. 3131-3134, against Candelaria, the prime contractor, and its surety CCIC. On appeal, Technica challenged the district court's grant of summary judgment in favor of defendants. The Supreme Court and the Eighth and Tenth Circuits have held that rights and remedies under the Miller Act may not be conditioned by state laws. The court applied their reasoning and held that the limitation in California Business and Professions Code 7031(a) on the right of a non-licensed contractor to maintain an action for collection of unpaid services did not apply to an action under the Miller Act. Because the California licensing requirement is not a defense to a claim under the Miller Act, the court need not address whether Technica falls within the labor provider exception to the statute. Accordingly, the court reversed the judgment of the district court and remanded. View "Technica LLC v. Carolina Cas. Ins. Co." on Justia Law