Legal Opinion

Kenny Construction Company v. District of Columbia

Court of Appeals for the D.C. Circuit

Decided January 22, 1959No. 14429PublishedCited by 15 opinions

1Opinion of the Court

WILBUR K. MILLER, Circuit Judge.

September 30, 1954, Kenny Construction Company contracted with the District of Columbia to do certain street and sewer construction at an estimated price of $2,343,974. Partial payments were to be made monthly to Kenny as the work progressed, with 10% retained until “completion and acceptance of the work.” Such retention of 10% was provided for by statute,1 in obedience to which it was required.

As also required by the contract, appellant furnished to the District (1) a Performance and Payment Bond in the penal sum of $2,343,974, guaranteeing to “save harmless…

2Cases cited2 opinions

  1. United States v. WunderlichSupreme Court of the United States · 1951
  2. United States v. MoormanSupreme Court of the United States · 1950

3Cited by15 opinions

  1. Beacon Construction Co. of Massachusetts v. United StatesUnited States Court of Claims · 1963
  2. Jonal Corporation v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1976
  3. Kayfield Construction Corp. v. United StatesCourt of Appeals for the Second Circuit · 1960
  4. Wayne A. Normile v. Maritime Company of the PhilippinesCourt of Appeals for the Ninth Circuit · 1981
  5. District of Columbia v. C.J. Langenfelder & Son, Inc.District of Columbia Court of Appeals · 1989

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