256
Opinion of the Court
see, e. g., United States v. Ansonia Brass & Copper Co., 218 U. S. 452, 471. Respondent points to nothing in § 702's text or history that suggests that Congress intended to overrule this precedent, let alone anything that "unequivocally express[es]" such an intent. Lane, supra, at 192. Instead, recognizing that sovereign immunity left subcontractors and suppliers without a remedy against the Government when the general contractor became insolvent, Congress enacted the Miller Act, which by its terms only gives subcontractors the right to sue on the prime contractor's surety bond, not the right to recover its losses directly from the Government. The cases examining a surety's right of equitable subrogation, see, e. g., Pearlman v. Reliance Ins. Co., 371 U. S. 132, 141, do not suggest that subcontractors can seek compensation directly against the Government, since none of them involved a sovereign immunity question or a subcontractor directly asserting a claim against the Government. Pp. 260-265.
121 F. 3d 1357, reversed and remanded.
Rehnquist, C. J., delivered the opinion for a unanimous Court.
Jeffrey A. Lamken argued the cause for petitioner. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, and Barbara C. Biddle.
Thomas F. Spaulding argued the cause for respondent. With him on the brief was David A. Webster.*
Chief Justice Rehnquist delivered the opinion of the Court.
An insolvent prime contractor failed to pay a subcontractor for work the latter completed on a construction project for the Department of the Army. The Department of the Army having required no Miller Act bond from the prime
*Briefs of amici curiae urging affirmance were filed for the American Subcontractors Association by David R. Hendrick and Joel S. Rubinstein; and for the Chamber of Commerce of the United States by Herbert L. Fenster, Tami Lyn Azorsky, and Robin S. Conrad.
Edward G. Gallagher filed a brief for the Surety Association of America as amicus curiae.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: October 4, 2007