United States Ex Rel. Thayer v. Metro Construction Corp.

MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

This is an action under the Miller Act, 40 U.S.C. § 270a et seq., in which the plaintiffs were awarded contract, evidenced by a purchase order issued by Old Dominion Repair Corporation 1 on June 11, 1968, for “Engineering Service not to exceed $2500.00” in connection with the construction of a water tower at the Northwestern Radio Station in Chesapeake, Virginia. Brown Contracting Corporation, the prime contractor, had contracted with Old Dominion as a subcontractor. Brown, now Metro Construction Corporation, had executed a performance and payment bond…