United States v. Freeto Construction Co.

McWILLIAMS, Circuit Judge.

This is an action brought under the Miller Act by the use plaintiff, Clark Engineering Company, against Freeto Construction Co. and its surety for the sum of $13,992.65 due Clark Engineering for the furnishing of certain fabricated materials and performance of certain labor pursuant to a subcontract with Freeto, the prime contractor. 40 U.S.C. § 270f. By answer Freeto admitted owing Clark $13,992.65 under the subcontract. In its answer Freeto also asserted a counterclaim based on Clark’s alleged failure to timely perform under the subcontract and sought judgment in…