W. Stanley Jones and Thomas E. Walker, Partners D/B/A Stanley Jones Company v. Chaney & James Construction Company, Inc.

THORNBERRY, Circuit Judge:

Appellee entered into a contract (“the prime contract”) with the United States of America, acting through the Corps of Engineers, for the construction of a rocket test facility at the Marshall Space Flight Center, Huntsville, Alabama. Shortly thereafter, appellee entered into a subcontract with appellants on a unit price basis ($1.00.per cubic yard for excavation ; $1.25 per cubic yard for “borrow”) for a portion of appellee’s work under the prime contract, specifically, the excavation and backfill required. After performing the subcontract, appellant instituted this…