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UNITED STRUCTURES v. G.R.G. ENGINEERING

No. 93-1354.

9 F.3d 996 (1993)

UNITED STRUCTURES OF AMERICA, INC. and United States of America for the Use of United Structures of America, Inc., Plaintiffs, Appellees, v. G.R.G. ENGINEERING, S.E. and New Hampshire Insurance Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 18, 1993.

Attorney(s) appearing for the Case

John E. Mudd, with whom Cordero, Miranda & Pinto, Old San Juan, PR, was on brief for defendants, appellants.

Mark S. Finkelstein, with whom Elizabeth D. Alvarado, Shannon, Martin, Finkelstein & Sayre, Houston, TX, David P. Freedman, and O'Neill & Borges, Hato Rey, PR, were on brief for appellee United Structures of America, Inc.

Before BREYER, Chief Judge, SELYA and STAHL, Circuit Judges.

BREYER, Chief Judge.

The plaintiff, having supplied steel to a now bankrupt subcontractor, has sued the general contractor, seeking to recover payment for the steel from the bond that a federal statute, the Miller Act, requires certain general contractors to provide. 40 U.S.C. §§ 270a-270b. The general contractor says the steel was defective, and it wants to deduct from the promised purchase price the amount that it says it had to spend to cure the defects...

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