Will
Central Steel Erection Co. v. Will
Opinion
Lead Opinion
Pope, J.
The appellant, Central Steel Erection Co., hereafter called Central Steel, had a contract with the United States for the construction of three radar towers for use by the United States Air Force, two of these towers to be erected at Ft. Law-ton, in Seattle, Washington, and one at Neah Bay, some eighty miles distant from Seattle. As part of its contract, and pursuant to the provisions of the Miller Act, Title 40 U.S.C.A. §§ 270a and 270b, Central Steel procured and furnished the bond required by said Act, executed by appellant United States Fidelity & Guaranty Co., as surety, providing for the security of subcontractors and material-men in the performance of their work under said contract.
Central Steel, prime contractor, then entered into a subcontract with the ap-pellees Will and Larsen, partners doing business under the firm name and style of Willar Construction Company, providing for the construction by said sub *550 contractors of the foundations for said three radar towers. The subcontract provided for payment to Willar of a total sum of $32,841. It expressly provided for a deviation by subcontractors from the plans and specifications in one particular: The specifications…