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B-203736 1 (1981-07-31)

handle is hein.gao/gaobadjoy0001 and id is 1 raw text is: 






                                     THE COMPTROLLER GENERAL
              DECISION              / OF THE UNITED STATES
                                     WASHINGTON, 0. C. 20548



              FILE: B-203736               DATE: July 31, 1981

              MATTER OF:     Pyramid Stone Co.


              DIGEST:


                    Claims of subcontractor against prime
                    contractor are not for consideration
                    by GAO since there is no privity of
                    contract. Subcontractor's remedy is
                    an action on payment bond under Miller
                    Act, 40 U.S.C. § 270a (1976).


                    Pyramid Stone Co. requests our assistance in
               securing the payment of a claim against Ford's
               Universal Carpet Co. The claim for $5,791 is for
               work performed by Pyramid as a subcontractor to
               Universal, who was the prime contractor on Veterans
               Administration (VA) contract No. V685C-102.

                    Pyramid states it agreed to furnish Universal with
               precast terrazzo treads and landings for the VA
               Medical Center, Waco, Texas for $23,980. According to
               Pyramid, it began work on the project but had to stop
               several times in order to get paymbnt for the portions
               completed. On completion of the job, the prime con-
               tractor failed to make the final payment of $5,791 to
               Pyramid. We are unable to offer any relief to Pyramid.
I
                    If a subcontractor on a Federal construction
               project, such as Pyramid, is not paid, his only remedy
               is an action on the payment bond brought under the Miller
               Act, 40 U.S.C. § 270a (1976). Curtis Jepson, trading
               as Curt's Plumbing and Heating, B-194773, May 24, 1979,
               79-1 CPD 376. The settlement of obligations between
               prime contractors and those furnishing labor and materi-
               als is not a matter for decision by our Office, since



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