H. W. Caldwell & Son, Inc. v. U. S. For Use and Benefit of John H. Moon & Sons, Inc.

HUGHES, District Judge:

This is a Miller Act (40 U.S.C. sec. 270a et seq.) case brought by the subcontractor, Moon & Sons, hereinafter referred to as Moon, against the prime contractor, Caldwell & Son, hereinafter referred to as Caldwell, for the balance owing for regular work performed under the subcontract and extra work resulting from the prime contractor’s delay in performing.

Caldwell entered into a contract with the United States of America, hereinafter referred to as Government-owner, for highway construction. The contract includes the standard disputes clause of Standard Form 23-A…