United States v. Wausau Insurance Companies

ORDER

LEVI, District Judge.

BACKGROUND

This is an action brought by Ehmcke Sheet Metal Works (“Ehmcke”), a subcontractor on a federal government construction project, against American Pacific Roofing Company, Inc. (“APR”), the prime contractor on the project and against APR’s surety on the contract, Wausau Insurance Companies (“Wausau”). In its original complaint in this action, filed August 24, 1989, Ehmcke sued APR for breach of contract and sued Wausau both on the surety bond and for breach of the covenant of good faith and fair dealing. This court has subject matter jurisdiction because the…