Devlin Lumber and Supply Corporation v. United States

This case involves the liability of the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, for the loss suffered by a materialman because the government’s contracting officer failed to require a payment bond from the contractor, as required by the Miller Act, 40 U.S.C. § 270a.

The Federal Tort Claims Act makes the United States liable, “ * * * relating to tort claims, in the same manner and to the same extent as a private Individual under like circumstances 28 U.S.C. § 2674. The Miller Act is a direction to federal contracting officers, and applicable only to them.…