United States ex rel. Lewers & Cooke, Ltd. v. Burrell Construction Co.

Citations

• 3 D. Haw. 321

Syllabus

<p>Practice under statute for protection of persons furnishing materials and labor for public worlds: In proceedings by materialmen under the legislation “for the protection of public works,” (33 Stat. L. part 1, p. 811), it is not necessary that the complaints shall state the names of other creditors than the plaintiffs.</p> <p>Construction of the statute in relation to the bond prescribed: The bond prescribed by such legislation is two-fold; first, protecting the United States against breaches of the contract, and second, guaranteeing to third parties furnishing materials and labor for performance of such contract, payment of their bills therefor. Much of the law applying to ordinary bonds does not apply to such bond.</p> <p>Practice — Status of materialmen.under a mr-dificatton of the contract: In proceedings by materialmen under such legislation, after the required bond is executed and delivered to the United States, the latter is no longer the representative of the parties who may furnish materials, &e., and they are not prejudiced by its action in agreeing or consenting to a modification of the contract.</p> <p>Same — Status of materialmen causing a delay in the performance or other modification of the contract: Guarantee of such bond as to material-men as affected by their conduct causing a delay in the performance or other modification of the contract, quaere..</p> <p>Same — Notice to surety on bond of modification of contract: Notice to surety on bond of modification of contract not required by the statute.</p> <p>Same — Failure to attach bills of particulars to complaints: Failure to attach bills of particulars to such complaints, not material.-</p>