Court of Appeals for the Ninth Circuit December 21, 1998, No. 95-35883 (Taylor Construction Inc. v. ABT Service Corp. Inc.)

FERGUSON, Circuit Judge:

In this case, a Miller Act surety failed to pay a subcontractor the entire amount due under the bonded subcontract claiming that the Miller Act imposes no duty to pay the subcontractor the amount in the subcontract’s savings clause.