Air Control Tech. v. Pre Con Indus., No. 11-56230 (9th Cir. 2013)Annotate this Case
ACT brought this suit against PCI and First National, alleging claims of breach of contract, quantum meruit, and recovery on a payment bond under the Miller Act, 40 U.S.C. 3131(b). Because United States ex rel. Celanese Coatings Co. v. Gullard was clearly irreconcilable with intervening higher authority, the court overruled it and held that the Miller Act's statute of limitations was a claim-processing rule, not a jurisdictional rule. Because nothing on the face of ACT's complaint indicated that it did not work on the project or rent equipment to PCI within one year of the date it filed the complaint, the complaint could not have been dismissed if the district court had treated the Miller Act's statute of limitations as a claim-processing rule. Accordingly, the court vacated and remanded.