Legal Opinion

Fireman's Fund Insurance Company v. The United States

Court of Appeals for the Federal Circuit

Decided August 27, 1990No. 90-5010PublishedCited by 49 opinions

1Opinion of the Court

OPINION

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Claims Court, 15 Cl.Ct. 225 (1988), holding that the Department of the Army’s release of retainage was a departure from a construction contract that prejudiced the contractor’s surety and discharged it pro tanto from its obligations under a performance bond. We reverse.

Background

On March 16, 1982, the Department of the Army (government) awarded Westech Corporation a contract to build a pressure recovery system for the high energy laser test facility at White Sands Missile Range, New Mexico. As required by…

2Cases cited22 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  3. Balboa Insurance Company v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  4. William A. Ransom and Robert D. Nesen v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  5. United States Fidelity & Guaranty Co. v. United StatesUnited States Court of Claims · 1973

17 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-AppellantCourt of Appeals for the Federal Circuit · 2001
  2. Wavetronix v. EIS Electronic Integrated SystemsCourt of Appeals for the Federal Circuit · 2009
  3. Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
  4. American Insurance v. United StatesUnited States Court of Federal Claims · 2004
  5. National Surety Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1997

44 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API