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?

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?