Supreme Court of the United States · Official docket →
Covenant Construction Services, LLC, et al. v. Five Rivers Carpenters District Council Health and Welfare Fund, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-3183 · judgment August 20, 2024
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
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Does the Miller Act modify the contractual exception to the American Rule governing attorney fees to allow their recovery against a contractor who is not a party to the contract containing the attorney-fee provision?
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If a Miller Act claimant provides untimely written notice under 40 U.S.C. Section 3133(b)(2), can it avoid dismissal of its claim by assigning it to an assignee who aggregates it with other assigned Miller Act claims from other claimants who provided timely notice? Put another way, does the Miller Act allow an assignee of Miller Act claims to have greater claim rights than the assignors through a claim-aggregation theory?
Counsel of record
For petitioner
Stephen Douglas Marso
Whitfield & Eddy, P.L.C.
For respondent
Brandon E. Wood
Blake & Uhlig, P.A.
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 07 2025Petition DENIED.
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Feb 28 2025Brief of respondents Five Rivers Carpenters District Council Health and Welfare Fund, et al. in opposition filed.
- Jan 28 2025Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2025, for all respondents.
- Jan 24 2025Motion to extend the time to file a response from January 29, 2025 to February 28, 2025, submitted to The Clerk.
- Dec 23 2024Petition for a writ of certiorari filed. (Response due January 29, 2025)