Home Insurance v. United States

OPINION

BRUGGINK, Judge.

This action is brought by a performance bond surety against the United States acting through NASA, as owner of a construction project at Cape Kennedy. Pending are the parties’ cross motions for summary judgment. In broad terms, the question presented is what plaintiffs rights are, as surety, to the contract balance. Oral argument was held, and additional submissions solicited. The matter is now fully briefed.

FACTUAL BACKGROUND

NASA entered into a contract with International Steel Industries, Inc. (ISI) for the construction of a piping system at its vehicle assembly…