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Harlan; Wilder Construction Co. Kibby, Mun. MOA appeals from the trial court's grant of summary judgment for appellees. Tatco was awarded the contract on October 9, The contract between MOA and Tatco calls for the delivery of "cover soil material" to the "active working face" of the Municipal Landfill in "end dumping trucks" from September, to August, The "Contractor shall submit on a monthly basis, invoices equal to the quantities delivered and payment will be made by the Municipality within 30 calendar days.
Further, before final payment is disbursed, the contractor must file a Certificate of Compliance stating that all claims have been paid. He stated that this was not done in this case due to "administrative oversight. The contract supports Chenier's testimony. The provision on payments by MOA to Tatco provides for payment within 30 days for the "quantities delivered," without mention of retainage.
Appellees provided Tatco with goods and services that Tatco used in the course of its performance. Holt provided trucking services. Northway provided cover material and related equipment and labor. Wilder provided cover material. Denali provided fuel, oil, and lubricants. Tatco's creditors, including appellees, submitted written notices of their claims against Tatco to MOA.
MOA was aware of the problem and discussed potential solutions with Tatco, but did not concede to Tatco's creditors that Tatco should have posted a bond or that MOA was responsible to the creditors.
Tatco eventually agreed to allow MOA to disburse funds due Tatco to a trust fund for the benefit of appellees. She immediately cashed the check but used none of it to pay the creditors. MOA disbursed Tatco's final payment directly to the trust fund on June 10, Holt intervened on August 26, MOA moved to be dismissed from the suit, contending that it was not responsible to appellees.