1. Does the Miller Act modify the contractual exception
to the American Rule governing attorney fees to allow
their recovery against a contractor who is not a party
to the contract containing the attorney-fee provision?

2. If a Miller Act claimant provides untimely written
notice under 40 U.S.C. Section 3133(b)(2), can it avoid
dismissal of its claim by assigning it to an assignee
who aggregates it with other assigned Miller Act
claims from other claimants who provided timely
notice? Put another way, does the Miller Act allow an
assignee of Miller Act claims to have greater claim
rights than the assignors through a claim-aggregation
theory?

Does the Miller Act modify the contractual exception to the American Rule governing attorney fees to allow their recovery against a contractor who is not a party to the contract containing the attorney-fee provision? If a Miller Act claimant provides untimely written notice under 40 U.S.C. Section 3133(b)(2), can it avoid dismissal of its claim by assigning it to an assignee who aggregates it with other assigned Miller Act claims from other claimants who provided timely notice?