B. C. Richter Contracting Co. v. Continental Casualty Co.

In these two consolidated actions two subcontractors have sued on the prime contractor’s surety bond. The plaintiffs sought what they termed “quantum meruit” recovery, measured by the reasonable value of unpaid labor and materials. The trial court limited their recovery to a lesser amount, the unpaid remainder of the contract price, plus interest and attorney fees. Plaintiffs appeal. Defendant surety companies appeal from that portion of the judgment awarding attorney fees.

The dispute grows out of the construction of Capehart Act 1 housing at Beale Air Force Base. The general scheme of…