United States v. Hartford Casualty Insurance Company, Civ. A. No. 88-2712-Mc.

Decision Date15 June 1990
Docket NumberCiv. A. No. 88-2712-Mc.
Citation738 F. Supp. 44
PartiesUNITED STATES of America for Use of TONAWANDA TANK TRANSPORT SERVICE, INC., Plaintiff, v. HARTFORD CASUALTY INSURANCE COMPANY, et al., Defendants.
CourtU.S. District Court — District of Massachusetts

Dane & O'Brien, James F. O'Brien, Concord, Mass., for plaintiff.

Charles P. Burgess, Waltham, Mass., National Corporate Disposal, Hackensack, N.J., for defendants.

MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

McNAUGHT, District Judge.

This matter arises under the notice provisions of the Miller Act, Title 40 U.S.C. § 270b(a). Defendant Praught Construction Corporation (Praught), the general contractor, entered into a contract with the United States for the demolition of the former Naval Annex in South Boston. In compliance with the Miller Act, a performance and payment bond was placed with defendant Hartford Casualty Insurance Company (Hartford). Praught hired National Corporate Disposal, Inc. (National) as a subcontractor and National, in turn, hired plaintiff Tonawanda Tank Transport Service, Inc. (Tonawanda).

Between August 11 and December 14, 1987, Tonawanda supplied hazardous waste transportation services to National for the sum of $58,914.94. National defaulted in the performance of its duties and on or about November 19, 1987, Praught hired Tonawanda directly to complete the job National left undone. For that work, Praught paid Tonawanda $14,117.00, the total amount due.

The problems arose in late November of 1987 when Tonawanda refused to continue working without some payment of the amount it was owed by National. Apparently in an effort to forestall any possible liability under the payment bond, Praught sent plaintiff a check for $15,000. Tonawanda, upon the advice of counsel, rejected the offer in a letter dated February 19, 1988, stating that it was owed additional money from National. Praught stopped payment on the check and agreed to replace it on the condition that plaintiff sign a release of all further liability. Tonawanda refused and is now seeking $58,915.84 plus interest and costs from defendants. A default judgment against National, currently bankrupt, was issued by this Court in the amount of $73,939.50.

This comes before the Court on defendants Praught and Hartford's motion for summary judgment. The primary issue is whether Tonawanda's contractual relationship with Praught eliminated the notice requirements under the Miller Act. Section 270b(a) of tha...

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  • YOUNGE MECHANICAL, INC. v. MAX FOOTE CONST. CO., INC.
    • United States
    • Mississippi Court of Appeals
    • April 6, 2004
    ...the claim specify the subcontractor allegedly in arrears. Id. ¶ 14. In United States of America for Use of Tonawanda Tank Transport Service, Inc. v. Hartford Casualty Insurance Company, 738 F.Supp. 44 (D.Mass.1990), the defendants filed a motion for summary judgment based upon the absence o......

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