Premier Roof Co. v. United States ex rel. Alpaca Electric Corp.
Opinion
Lead Opinion
Jertberg, J.
Before us is an action under the Miller Act (40 U.S.C. §§ 270a, 270b, 270e and 279d). The parties are Alpaca Electric Corporation (hereinafter “Alpaca”), a licensed electrical subcontractor, plaintiff in the district court and appellee here, Premier Roof Co. (hereinafter “Premier”), a general contractor, and American Casualty Company of Reading, Pennsylvania (hereinafter “American”), defendants in the district court and appellants here.
No issue is raised as to the jurisdiction of the district court nor as to the applicability of the provisions of the Miller Act.
Premier was awarded a prime contract by the United States of America and on or about November 25,1959, entered into a written contract with the United States under which Premier agreed to furnish all labor and materials and to perform all work required for the rehabilitation of miscellaneous facilities at Vandenberg Air Force Base, Lompoc, California. Premier, as principal, and American, as surety, made, executed and delivered their bond in the amount of $94,191.00 in the usual form as required under said Miller Act. On or about December 5, 1959, the United States gave Premier notice to proceed with the work.