Fireman's Fund Insurance Company v. The United States

ON DEFENDANT’S AND PLAINTIFF’S MOTIONS FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

In August of 1958, Construction Management Corporation contracted with the United States through the Corps of Engineers for the modification of an existing power plant at Kindley Air Force Base in Bermuda at an adjusted contract price of $759,179.56. Plaintiff, a surety company, issued payment and performance bonds for the contract, pursuant to the Miller Act, 49 Stat. 793 (1935), as amended, 40 U.S.C. § 270a et seq. (1964). Plaintiff now seeks to recover from the Government a contract payment alleged to have been…