Legal Opinion

Arvanis v. Noslo Engineering Consultants, Inc.

Court of Appeals for the Seventh Circuit

Decided July 31, 1984No. Nos. 83-1670, 83-1766PublishedCited by 23 opinions

1Per curiam

The ultimate question we are asked to decide is who is left holding the bag when a prime contractor on a federal construction project fails to obtain a Miller Act payment bond and then defaults without paying his subcontractors. We conclude that the answer is the hapless subcontractor, not the United States.

I

On a private construction project, mechanic’s and materialmen’s liens secure payment of the subcontractors. Such devices are obviously unavailable on a *1289government project; sovereign immunity bars liens against government property. Equally obvious, potential subcontractors would be very…

2Cases cited14 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. Land v. DollarSupreme Court of the United States · 1947
  5. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955

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

3Cited by23 opinions

  1. Accent Store Design, Inc. v. Marathon House, Inc.Supreme Court of Rhode Island · 1996
  2. Woodbridge Plaza, a General Partnership v. Bank of IrvineCourt of Appeals for the Ninth Circuit · 1987
  3. Rivera De Leon v. Maxon Engineering Services, Inc.District Court, D. Puerto Rico · 2003
  4. In Re "Agent Orange" Product Liability Litigation. The Dow Chemical CompanyCourt of Appeals for the Second Circuit · 1987
  5. Ella Mae Wells v. United StatesCourt of Appeals for the D.C. Circuit · 1988

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

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