Brown

This appeal is by defendants Brown, as principal, and United States Fire Insurance Company, as surety, from a judgment against them in favor of plaintiff Jen-Mar Construction Company for $33,262.47. JenMar also noticed an appeal from that part of the judgment “denying plaintiff’s right to recover legal fees in the amount of $12,069.76.” As part of his pleadings, Brown filed a cross-complaint which the court found to be without merit.

To simplify the discussion the parties shall be referred to as “Jen-Mar,” “Brown” and “Surety.”

Jen-Mar contracted with the U. S. Corps of Engineers to construct a missile assembly building at Vandenburg Air Force Base, and sublet certain earthwork to Brown. The subcontract, dated March 23, 1962, provided in part:

This bond was supplemented or superseded by another executed on April 24, 1962 which deleted the requirement of notice.

Brown commenced work on the project on March 27, 1962, and continued until he went into bankruptcy on June 29, 1962. During this period, the Corps of Engineers complained to Jen-Mar about the quality of Brown’s work. Also, Brown failed to meet the contractor’s progress schedule. He presented Jen-Mar with his first…