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U. S. FOR USE & BEN. OF OTIS ELE. CO. v. PIRACCI CONST. CO.

Civ. A. No. 75-417.

405 F.Supp. 908 (1975)

UNITED STATES of America for the Use and Benefit of OTIS ELEVATOR COMPANY, Plaintiff, v. PIRACCI CONSTRUCTION COMPANY, INC., and the Aetna Casualty & Surety Company, Defendants.

United States District Court, District of Columbia.

December 9, 1975.

Attorney(s) appearing for the Case

David V. Anthony, Pettit, Evers & Martin, Washington, D. C., for plaintiff.

Harold F. Blasky, Laurence Schor, Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky, Washington, D. C., for defendants.

MEMORANDUM OPINION

FLANNERY, District Judge.

Use plaintiff Otis, a subcontractor involved in the construction of the Hirshorn Museum and Sculpture Garden in Washington, D.C., is suing the project's prime contractor, Piracci, for breach of contract and Piracci's surety, Aetna, for increased expenses resulting from delays in the completion of the project. The cause of action against Aetna is based on the Miller Act, 40 U.S.C. §§ 270a-270d. Now before...

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