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UNITED STATES DISTRICT COURT DISTRICT OF MAINE THE UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF GREAT WALL CONSTRUCTION, INC., PLAINTIFF v. MATTIE & O'BRIEN MECHANICAL CONTRACTING CO., INC., ET AL., DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) ) )

C IVIL NO. 00-180-P-H

MEMORANDUM DECISION AND ORDER ON DEFENDANTS' MOTION TO DISMISS COUNTS V, VI AND VII OF THE PLAINTIFF'S AMENDED COMPLAINT1 This lawsuit arises out of a Navy construction project in Kittery, Maine. A subcontractor claims that the general contractor and its surety failed to pay for the subcontractor's completed refurbishing of the Navy housing. The

subcontractor has sued the general contractor and the surety under the Miller Act and the federal Prompt Payment Act.2 It also asserts against the surety claims under Maine's Overdue Payment Act and Unfair Claim Settlement Practices Act, 24 M.R.S.A.

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Maine Law