USA v. Hirani Engineering & Land, No. 19-7010 (D.C. Cir. 2023)
Annotate this Case
The surety (“Colonial”) for the prime contractor (“Hirani”) challenged the district court’s award of quantum meruit damages on the Miller Act claim of the subcontractor (“ACC”), and the district court’s award as double recovery for the subcontractor. The subcontractor continues to challenge the district court’s denial of recovery under the Miller Act for the reasonable value of its superintendent’s services at the job site.
The DC Circuit affirmed the district court’s judgment except to remand for the district court to expressly address whether there would be impermissible double recovery for the subcontractor. The court wrote that even if D.C. contract law caps the subcontractor’s restitution recovery against the prime contractor to expectation damages and does not permit recovery in quantum meruit where there is an express contract, no such limit applies to the claim against the surety under the Miller Act. Second, the court explained it need not resolve the surety’s contention that the district court awarded the subcontractor double recovery. Further, given that the construction work at issue had to be supervised and inspected for conformance with the subcontract and other requirements, such as government quality control standards, the superintendent’s on-site supervisory work constitutes “labor” within the meaning of the Miller Act.
This opinion or order relates to an opinion or order originally issued on June 19, 2020.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.