The Travelers Indemnity Company, a Corporation v. United States of America, for the Use and Benefit of Western Steel Company, a Corporation

In this Miller Act case (40 U.S.C. § 270a et seq.), the Claimant, Western. Steel Company, recovered judgment on the payment bond written by The Travelers Indemnity Company as surety for the General Contractor, Jen-Mar Construction Company. The general contract required the construction of a radar tower at Condon Air Force Station, Oregon. Jen-Mar entered into two contracts with Empire Steel, the first dated May 23, 1962, calling for the furnishing of “all materials per Article One (1) for the following Sections of the Plans and Specifications * * * Section 3, Structural Steel Complete as required * * * Section 8, Miscellaneous Metals Complete as required * * * Section 17, Interior Enclosures and Partitions Complete as required,” and other items. This contract was prepared on a Standard Contract Agreement form “Special Form for Materials Only” used by Associated General Contractors of Minnesota. Special requirements of this contract were (1) sums to become due Empire Steel thereunder could not be assigned without Jen-Mar’s consent; (2) materials to be delivered as required to coordinate with other work; (3) Empire Steel to furnish a performance and payment bond, unless this…