Burgess Construction Co. v. M. Morrin & Son Co.

HILL, Circuit Judge.

This litigation arose from the Bureau of Reclamation Soldier Creek Dam project. The appellee, Burgess Construction Company (hereinafter referred to as Burgess), was the prime contractor, and the appellant, M. Morrin & Son Company, Inc. (hereinafter referred to as Morrin), was the concrete subcontractor. Delays in the completion of the subcontract work led to a termination and take-over of Morrin’s work by Burgess. Burgess then instituted an action to enforce its right to take over Morrin’s work and to recover damages for Morrin’s failure to complete its performance on…