United States of America for the Use and Benefit of Warren Painting Co., Inc. v. J. C. Boespflug Construction Co. And Travelers Indemnity Co.

This is a suit, brought under the Miller Act, § 2, 49 Stat. 794 (1935), 40 U.S.C. § 270b (1958), to recover compensation for work performed in the construction of a government facility near Anchorage, Alaska. The action was brought on behalf of Warren Painting Company, Inc. (Warren), painting subcontractor on the project. The general contractor, J. C. Boespflug Construction Co. (Boespflug), and the surety on the general contractor’s payment bond, Travelers Indemnity Co., were named defendants.

Three claims were stated in the complaint, one of which involved asserted additional work necessitated by the unsatisfactory condition of the plaster surfaces. Recovery in the sum of $20,092.-74 was sought under this claim. Plaintiff appeals from that part of the judgment which disallowed this item. Defendants cross-appeal, contending that certain time cards and other documents offered by plaintiff in proof of damages, were erroneously received in evidence.

Boespflug was the prime contractor for the construction of a seven-story hospital at Elmendorf Air Force Base, on the outskirts of Anchorage. It awarded a subcontract for painting to Warren. Warren’s subcontract, entered into on April…