H. B. Zachry Company v. The Travelers Indemnity Company, Miles and Sons, Inc v. H. B. Zachry Company

GODBOLD, Circuit Judge:

H. B. Zachry Company was the prime contractor on construction for the United States government of Twin Buttes Dam, near San Angelo, Texas. The major work of the project was a mammoth earth-fill embankment eight miles long with a maximum height of 130 feet. To prevent erosion from wave action of impounded waters a layer of rock fragments known as “riprap” was to be furnished and placed on the upstream slope of the dam. Zachry subcontracted the riprap work to Miles-Sierra, a joint venture. Travelers Indemnity Company was surety on Miles-Sierra’s performance bond.

Zachry…