United States Surety Co. v. United States

Opinion and Order

BLOCK, Judge.

I. INTRODUCTION

Plaintiffs, United States Surety Company and American Contractors Indemnity Company, are Miller Act1 co-sureties that provided performance and payment bonds for Woodside Construction, Inc. (‘Woodside”) on its dredging contract with defendant, the United States. When Woodside was terminated for default, plaintiffs entered into a formal takeover agreement with the government and performed the remainder of the dredging contract. At issue in this case is whether plaintiffs, having completed the contract pursuant to the takeover agreement, possess a…