United States ex rel. General Electric Co. v. Southern Construction Co.

BEN C. DAWKINS, JR., Chief Judge.

This action is brought for the use and benefit of plaintiff, General Electric Company (GE), who furnished supplies for construction of the Barksdale Air Force Base Defense Area’s Nike-Hercules Facilities at Bellevue, Louisiana.

GE executed a contract with a subcontractor, Mojave Electric Company, Inc. (Mojave), but had no contractual relationship with the general contractor. Nevertheless, the Miller Act, 40 U.S.C. § 270a et seq., conferred upon the subcontractor’s materialmen a cause of action on the payment bond required to be given by the general contractor…