United States v. St. Paul Fire & Marine Insurance

86 F.3d 332
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 6, 1996
Docket95-2446
StatusPublished
Cited by2 cases

This text of 86 F.3d 332 (United States v. St. Paul Fire & Marine Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. St. Paul Fire & Marine Insurance, 86 F.3d 332 (4th Cir. 1996).

Opinions

[334]*334OPINION

PER CURIAM.

Appellant Hill Construction Corp. was sued under the Miller Act, 40 U.S.C. § 270b, by a supplier on a construction project performed for the federal government. After a bench trial, the district court awarded damages to the supplier, and the contractor and surety appealed. We now affirm.

I

Appellant Hill Construction Corp. served as general contractor for a construction project (“the project”) performed for the United States Air Force, with St. Paul Fire and Marine Insurance Co. as its surety. Appellee Maddux Supply Co. supplied materials to appellee Chapman Electric Co., a subcontractor on the project.

For several years prior to this project, Maddux and Chapman had conducted business under the terms of a credit application submitted by Chapman to Maddux. The credit application contained the following language:

Customer authorizes Maddux Supply Company to apply all payments on this account at Maddux Supply’s discretion unless otherwise directed in writing at time of payment.

The application also contained this language:

Terms of payment — ... a 1 1/2% monthly service charge will be added to all accounts not paid within 30 days after due date. In the event it shall become necessary to collect any outstanding amount owed to Maddux Supply Company, the purchaser [Chapman] agrees to pay all costs thereof, including reasonable attorneys’ fees.

During the course of the project, Chapman fell behind on its payments to Maddux, although it continued to make some payments. The parties dispute whether the payments made were properly attributed to the Hill account or to some other account. In the end, Maddux contends, Chapman was deficient by $30,225.66.

Pursuant to the Miller Act, supra, Maddux brought suit against Hill, Chapman, and St. Paul to collect the deficiency. Hill and St. Paul cross-claimed against Chapman for indemnification. Chapman cross-claimed against Hill for $14,057.55, the amount Hill retained from Chapman but conceded was properly payable. After a court trial, Judge Simons ordered Hill and St. Paul to pay Maddux $30,225.66, plus interest and attorney’s fees and awarded Hill and St. Paul indemnification from Chapman for $30,-225.66, but not for interest and attorney’s fees. Finally, the Court awarded Chapman $14,057.55 that Hill had retained.

Hill and St. Paul appealed, and we now affirm.

II

A

Factual matters are reviewed for clear error. Crawford v. Air Line Pilots Ass’n Int’l, 992 F.2d 1295, 1297 (4th Cir.), cert. denied, — U.S.-, 114 S.Ct. 195, 126 L.Ed.2d 153 (1993). Legal questions, including applications of law to facts, are reviewed de novo. Rawl v. United States, 778 F.2d 1009, 1014 (4th Cir.1985), cert. denied, 479 U.S. 814, 107 S.Ct. 67, 93 L.Ed.2d 25 (1986). The calculation of damages is a finding of fact and therefore is reviewable only for clear error, but to the extent those calculations were influenced by legal error, review is de novo.

The Miller Act, § 270a, requires a government contractor to post a surety bond for contracts of $25,000 or more. An entity that has furnished labor or material for a project and has not been paid in full within 90 days after performance may bring suit on the payment bond for “sums justly due.” The obligation of the surety and contractor includes amounts owed by subcontractors to their suppliers. Miller Equipment Co. v. Colonial Steel and Iron Co., 383 F.2d 669, 674 (4th Cir.1967), cert. denied, 390 U.S. 955, 88 S.Ct. 1049, 19 L.Ed.2d 1148 (1968). The fact that a subcontractor has been paid in full does not eliminate liability to the supplier. Illinois Surety Co. v. John Davis Co., 244 U.S. 376, 380, 37 S.Ct. 614, 616, 61 L.Ed. 1206 (1917). The Miller Act “should receive a liberal construction to effectuate its protec[335]*335tive purposes.” United States ex rel. Sherman v. Carter, 353 U.S. 210, 216, 77 S.Ct. 793, 796, 1 L.Ed.2d 776 (1957).

Hill and St. Paul’s basic contention is that Maddux improperly applied certain payments to reduce Chapman’s debt on projects other than the Hill project. The contract between Chapman and Maddux provided that Maddux could apply payments at its discretion unless instructed otherwise. The district court found that from April, 1991, to July, 1992, with one exception, Chapman’s payments to Maddux were accompanied by instructions relating to application of the funds. One payment, for $6898.53, contained no instructions. Chapman has stated that its customary practice was to apply the payment to the oldest outstanding invoice when no instructions accompanied a payment.

Ordinarily, a creditor must apply payments as instructed by the debtor. See, e.g., Maddux Supply Co. v. Safhi, Inc., 450 S.E.2d 101, 103 (S.C.App.1994). Hill and St. Paul have not disputed the Court’s finding that Maddux followed Chapman’s instructions for every payment with which Chapman included instructions. As for the payment to which no instructions were attached, Hill and St. Paul offered no evidence to indicate that Maddux did not follow its customary practice of applying that payment to the oldest outstanding invoice.

Hill and St. Paul cite case law indicating that when a supplier knows, or has reason to know, the source of a payment, the supplier must apply payments to the debt created by that source. United States ex rel. Carroll v. Beck, 151 F.2d 964 (6th Cir.1945). Here, although the district court did not directly apply the Beck rule, it concluded that Maddux did not know the source of Chapman’s funds and did not have reason to know the source. Hill and St. Paul offer no evidence to the contrary. This case therefore is distinguishable from Beck, in which the subcontractor’s payments consisted of checks from the contractor endorsed over to the supplier. Chapman issued its own checks to Maddux, usually with instructions as to how the money should be applied. We find no error in the conclusion that Chapman did not have reason to know the source of the payments.

Hill and St. Paul contend that the amount awarded included a balance owed by Chapman before work began on the project, indicating the existence of other debts. Even if Hill and St. Paul were to show a past due balance on another account, they would have to show that Maddux improperly used payments from Hill to reduce that balance, rather than the balance on the Hill account. In any event, the district court concluded that there was no past due indebtedness prior to commencement of the project, and that conclusion is not clearly erroneous.

Hill and St.

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