Legal Opinion

Steenberg Construction Co. v. Prepakt Concrete Co.

Court of Appeals for the Tenth Circuit

Decided August 3, 1967No. 9009PublishedCited by 5 opinions

1Opinion of the Court

MURRAH, Chief Judge.

This suit is between a government prime contractor on a Utah dam project and a subcontractor for the drilling and grouting work on the dam foundation. The claim is for breach of the subcontract. The defense is that the standard *770subcontract which the parties signed, never became operative, but if so, the subcontractor excusably abandoned it for failure of the contractor to do work prerequisite to the orderly performance of the subcontract. The cross-claim was cast under the Miller Act, Title 40 U.S.C. § 270a et seq., for the value of labor and materials furnished by the…

2Cases cited7 opinions

  1. Broderick Wood Products Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1952
  2. Zara Foster v. The Atlantic Refining Company, the Atlantic Refining Company v. Zara FosterCourt of Appeals for the Fifth Circuit · 1964
  3. Century Refining Company v. Charles T. Hall, Charles T. Hall, Cross-Appellant v. Century Refining Company, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1963
  4. J. T. Majors & Son, Inc. v. Lippert Bros., Inc., Lippert Bros., Inc., Cross-Appellant v. J. T. Majors & Son, Inc., Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1958
  5. Western Transmission Corp. v. Colorado Mainline, Inc.Court of Appeals for the Tenth Circuit · 1967

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

3Cited by5 opinions

  1. Cave Construction, Inc., a Corporation v. United States of America, Suing Herein for the Use and Benefit of Angell Bros, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1967
  2. United States ex rel. Gray-Bar Electric Co. v. J. H. Copeland & Sons Construction, Inc.Court of Appeals for the Fifth Circuit · 1978
  3. United States of America, for the Use and Benefit of Gray-Bar Electric Company, Inc., a New York Corporation v. J. H. Copeland & Sons Construction, Inc., a Corporation, Defendants-Cross v. F & D Electrical Contractors, Inc., Defendant-CrossCourt of Appeals for the Fifth Circuit · 1978
  4. United States v. Hankins Const. Co.District Court, E.D. Missouri · 1981
  5. Steenberg Construction Company v. The Prepakt Concrete CompanyCourt of Appeals for the Tenth Circuit · 1967

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