James P. Purvis v. United States of America for the Use and Benefit of Associated Sand & Gravel Co., Inc., a Corporation

This suit was brought by Associated Sand & Gravel Co., Inc., which had supplied labor and materials to Purvis, who had constructed certain buildings for the United States but had not, so Associated asserted, paid Associated all that he should have paid it for its labor and materials. Purvis, as prime contractor, had been required by the United States to furnish a bond guaranteeing that he would pay his labor and material bills. The defendants in this suit were Purvis and his bondsman. See 40 U.S.C. § 270b.

The buildings which Purvis constructed for the United States constituted the Federal Science Pavilion at the Seattle World’s Fair. Pursuant to an invitation by the United States for bids on the project, Purvis, in January, 1961, submitted a bid. His was the low bid and, about the middle of February, 1961, the United States awarded him a contract to build the entire pavilion for an amount somewhat in excess of $3,000,000. Even before Purvis was awarded the prime contract, he had been negotiating with Associated for a subcontract covering the precast concrete work which would be required in the performance of the prime contract, if Purvis should get that contract.

On February…