Hensler

This is an action within the jurisdiction of this court, pursuant to the provisions of the Miller Act, 40 U.S.C.A. §§ 270a and 270b, and concerns the claim of a subcontractor against the prime contractor and his insurance carrier in connection with work at the Naval Air station at Mojave.

Because much of the case concerned accounting as to yardage of earth processed, the matter was referred to a Master, who conducted lengthy hearings and has filed his report and recommendations and findings of fact and conclusions of law. The matter comes before this court on motion to approve the Master’s findings and conclusions of law, and objections thereto.

The defendant Hensler had a prime contract with the Department of the Navy, Bureau of Yards and Docks, for the reconstruction of an extension of runways at the Mojave Air Station, for the lump sum of $1,307,000, executed on August 20, 1951. On August 23, 1951, Hensler entered into a written subcontract with the use plaintiff T. M. Page Corporation, hereinafter referred to as the plaintiff, for the performance of certain portions of the work required to be performed under the prime contract, generally consisting of earth work,…