United States of America Ex Rel. Charles R. Riley v. The Diran Company and Reliance Insurance Company

TJOFLAT, Circuit Judge:

Charles R. Riley brought this suit under the Miller Act, 40 U.S.C. §§ 270a-270d (1976), to recover the balance due on his contract with The Dirán Company (Dirán), the general contractor on a project to expand the United States Army Reserve Center at Hammond, Louisiana. The Reliance Insurance Company (Reliance), also named as a defendant, is the surety on Dirán’s payment bond. Dirán appeals from a judgment awarding Riley damages and dismissing Diran’s counterclaim. We affirm.

Dirán subcontracted the masonry work on the construction project to Riley in August 1973. There…