Facts

On March 6, 2017, Federal Solutions Group Inc., was awarded a prime contract by the United States acting by and through the General Services Administration, which required Federal Solutions to design and install stair pressurization fans and a new heating, ventilation, and air conditioning system for the Frank Hagel Federal Building.

Federal Solutions Group and defendant Indemnity Company of California, as surety, delivered a payment bond to the General Services Administration in which Indemnity Co. guaranteed payment to all entities supplying labor, services and material involved in the execution of the work provided for in the contract.

Prime Mechanical Service Inc. filed suit against Federal Solutions Group and Indemnity Co. in relation to the contract.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants refused to pay for services rendered.

DEFENDANTS' CONTENTIONS: Indemnity Co. contended that, although taking on-site field measurements may have involved some minor physical activity, it did not amount to the physical toil required by the Miller Act. Accordingly, defendants argued, plaintiff's Miller Act claim against Indemnity Co. should be dismissed for failure to plead the requisite furnishing of "labor or material." See 40 U.S.C. 3133(b).

Result

The court granted defendants motion to dismiss.