only upon the conditions of completion and acceptance of the subcontractor’s work by the owner, as evidenced by the owner’s final payment to Merritt, and that by paying the subcontractors before such completion and payment, GAIC became a ‘volunteer’ with no right to recover on the indemnity contract since Merritt had no obligation on the underlying subcontract and bond. However, while the payment bonds expressly incorporate the prime contract with the owner by reference, there is no similar language incorporating the subcontracts. As a result, the subcontracts (and any conditions precedent to payment contained in them) are not incorporated into the bonds. See General Insurance Co. v. Merritt-Meridian Constr. Corp., No. 95 Civ. 5754, 1997 WL 187372, *4 (S.D.N.Y. Apr.16, 1997) (<HOLDING>). If the parties had clearly and unambiguously
holding that it was not essential to an action by a supplier on a payment bond under the miller act that a demand be made on the general contractor for payment  although there was evidence in the case from which it could be found that the materialman looked to the general contractor for payment  since the statute does not require a demand for payment but merely requires written notice of the claim holding that the term reverse payment is not limited to a cash payment recognizing similar duties holding breachofcontract claim preempted because contract did not explicitly incorporate a federallaw provision holding that similar payment bonds did not incorporate subcontracts