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Protest Involving Claims of Subcontractor Against Contractor

B-194773 Published: May 24, 1979. Publicly Released: May 24, 1979.
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Highlights

A claimant requested assistance in securing the payment of two claims against a construction firm. The two claims were for work performed by the claimant as a subcontractor on two contracts for which the construction firm was the prime contractor. It has been held consistently that subcontractors do not have legally enforceable rights against the United States for money due them from the Government prime contractors. Claims of a subcontractor against a prime contractor are not for consideration since there is not privity of contract. The subcontractor's remedy is action on the payment bond under the Miller Act.

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