Legal Opinion
United States Ex Rel. Mariana v. Piracci Construction Co.
District Court, District of Columbia
Decided September 12, 1975No. Civ. A. 75-0342PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
GESELL, District Judge.
This is a suit brought under the Miller Act 1 by use plaintiff Mariana, a subcon tractor, against the prime contractor, Piracci, and its surety, Aetna. Aetna has moved for partial summary judgment and the issue presented, which is purely a legal issue at this stage, was fully briefed and argued. The question for decision is whether a Miller Act surety is liable to a subcontractor for the increased costs of performing the subcontracted work where additional costs for labor and material are caused solely by delay in the commencement and completion of…
2Cases cited18 opinions
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- United States v. SpeersSupreme Court of the United States · 1965
- United States v. SpeersSupreme Court of the United States · 1966
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3Cited by33 opinions
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- United States, for Use and Benefit of Pertun Construction Company v. Harvesters Group, Inc., National Union Fire Insurance Company of Pittsburgh, Pa.Court of Appeals for the Eleventh Circuit · 1990
- The United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation Commercial Union Insurance Co., a Massachusetts Corporation and Sandia Corporation, a New Mexico Corporation, D/B/A Sandia National Laboratories, United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- the United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Fred Sanchez Construction Company v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, DefendantsCourt of Appeals for the Tenth Circuit · 1987
- Hartford Accident & Indemnity Co. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1982
- United States of America for the Use and Benefit of T.M.S. Mechanical Contractors, Inc., Cross-Appellee v. Millers Mutual Fire Insurance Company of Texas, Third-Party Cross-Appellant v. The Craftsmen, Inc., Third-Party and Joseph Breedlove, J.D. Richmond, Jr. And Doris D. Richmond, Third-PartyCourt of Appeals for the Third Circuit · 1991
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