(In)equitable Subrogation: The Federal Circuit’s Irrational and Unworkable Progress Payment Framework in Balboa

American taxpayers spend more than $100 billion per year on federal construction projects. Yet massive construction delays, huge budget overruns, and unorganized contractors increase the cost of construction for the federal government. Passed in 1935, the Miller Act attempted to protect the federal government in the event that the contractor defaulted or was unable to complete the project. By requiring contractors to enlist third party “sureties” as guarantors on projects, the Miller Act provides the government with the assurance that another party will step in to complete projects if need be. Contractors are typically paid via periodic progress payments, with monthly invoices paid for work completed. If a contractor defaults, forcing a surety to take over on the project, the doctrine of equitable subrogation entitles the surety to all remaining progress payments due to the contractor. Fearing that default may be imminent and eager to receive any payments it can, a surety may be inclined to warn the federal government of imminent contractor default, at the same time that the contractor assures the federal government that it can perform. A series of Federal Circuit cases allows the surety to sue the federal government to recover progress payments that were already made to the contractor, even though those payments were made prior to the contractor defaulting, in accordance with federal regulations. Given an opportunity to reduce this risk of double payment, the Federal Circuit instead created an incoherent and unworkable progress-payment framework in Balboa Insurance Co. v. United States, complicating a government official’s regulatory mandate to provide progress payments to contractors. The court misinterpreted a standard that is normally extremely deferential to the federal government, and created a complex eight-factor behemoth that unreasonably burdens the federal government. This Note proposes new regulations to replace Balboa, which focuses on whether the federal government received reasonable assurances from the contractor that it would complete performance

Brake wear warning device: A concept

Heat-insulated wire is introduced through brake shoe and partially into brake lining. Wire is connected to positive terminal and light bulb. When brakes wear to critical point, contact between wire and wheel drum grounds circuit and turns on warning light

Inlet spillage drag tests and numerical flow-field analysis at subsonic and transonic speeds of a 1/8-scale, two-dimensional, external-compression, variable-geometry, supersonic inlet configuration

Accurate spillage drag and pressure data are presented for a realistic supersonic inlet configuration. Results are compared with predictions from a finite-differencing, inviscid analysis computer procedure. The analytical technique shows good promise for the evaluation of inlet drag, but necessary refinements were identified. A detailed description of the analytical procedure is contained in the Appendix

A subjective evaluation of feeder cattle

Data from 687 steer calves of two breed groups, British (Angus, Hereford, Angus X Hereford) and Charolais crosses, formed the basis of this study. The steers were purchased through East Tennessee Graded Feeder Calf sales and represented Prime, Choice and Good grades with a mean weight of 566 lbs. The steers were fed ad libitum com silage for a 3-4-week period while being allowed to adjust and recover from the stresses of weaning and shipment. Following the adjustment period, the steers were weighed, photographed, sonorayed for fat thickness, measured for shoulder width and subjectively evaluated independently by committees of 10, 16 and 14 graders in 1976, 1977 and 1978, respectively. All steers were subjec-tively scored on a 1-15 basis for height, length, overall frame size, general trimness, head shape and muscle expression. Fat thickness was estimated in millimeters, age in months and predicted slaughter weight in pounds. For analyses, each year the graders were divided into three categories according to their training and experience. In 1976 and 1977, approximately 30 days prior to the scoring by the committees, the steers were scored by an experienced grader who was a member of the evaluation committee. The 1976 steers were randomly divided within breed and feeder grade into two ration groups of high and medium levels of energy. The steers were weighed and sonorayed for fat thickness at 14-day intervals until they reached 12 mm of fat thickness at which time they were slaughtered. Days on feed were calculated, and the carcass traits of weight, yield grade and quality grade were recorded. It was found by multiple regression analysis that models describing frame, fat and muscle accounted for 58%, 43% and 19% of the variation, respectively. Graders utilized height, depth and fat in estimating frame and fat, while width was the major factor in estimating muscle. Length and weight did not affect graders in their evaluations. There was more agreement among graders within grader category for frame and muscle, while there was greater agreement for fat among grader categories. Increases in R-squares of .01, .01 and .02 for frame, fat and muscle, respectively, were found when height-grader interactions were added to the models. Similar increases of .02, .03 and .03 in R-squares were attained when breed group-grader interactions were added to models for frame, fat and muscle, respectively. These small increases would indi-cate that graders handled the effects of height and breed group in a like manner. Partial regression coefficients indicated that larger framed steers were evaluated as being taller, slightly longer, shallower, narrower and leaner. When estimated fat increased, calves were seen as being lower set, slightly shorter, deeper, wider and fatter. Steers that were scored high for muscle (muscle expression) were evaluated as being lower set, longer, shallower and wider by the graders. Coefficients of correlation among graders were performed on a within-year and within year-breed group basis to further define agree-ment among graders. Coefficients for frame score ranged from .70-.95, .51 .86 and .58-.96 within year and .54-.93, .45-.89 and .56-.96 within year-breed group for 1976, 1977 and 1978, respectively. Somewhat less agreement was found for estimated fat where coefficients ranged from .45-.79, .20-.76 and .38-.85 within year and .34-.73, .14-.71 and .29-.83 within year and breed group for 1976, 1977 and 1978, respectively. Considerably less agreement was found for muscle score where coefficients ranged from .14-.58, -.07-.57 and .16-.72 within year and .13-.59, -.09-.61 and .16-.70 within year and breed group for 1976, 1977 and 1978, respectively. Coefficients of determination between scoring times by one grader in 1976 and 1977 indicated that steers were more accurately redescribed for body dimension rather than for fat, trimness and muscle expression. The failure to accurately describe fat, trimness and muscle expression may be due, in large measure, to weight gain and environmental influences during the 30-day period between evaluations. R-squares for grader predictions of carcass weight and days on feed were .57-.62 and .52-.56, respectively. R-squares for yield grade, .07-.14, and carcass quality grade, .06-.10, were smaller; however, the steers were slaughtered on a fat constant basis, thus reducing the total variation. Although grader experiences and the weighting of variables by the graders varied, similar variation was explained

An Input-output Model of the Southeast Region of Texas

In today\u27s complex, interdependent economy, business and government policy makers are becoming increasingly aware of the need for comprehensive planning. They realize if resources are to be allocated to their most productive uses, it is necessary to know not only the direct effect of a given decision, but also the various indirect effects. The purpose of this paper is to provide public and private decision makers in Southeast Texas with an efficient planning model by identifying the structural interdependencies that exist in the regional economy. The Input-Output Model which is presented in the paper describes the structural relationships that exist in the regional economy and estimates the direct plus indirect output requirements of one regional sector by another per dollar of output delivered to final consumers by the latter sector. Data included in the model were collected from a representative sample of firms within each regional sector

The Concordiensis, Volume 13, Number 1

Literary: The Chancellor\u27s Address; Blatchford Oration Inter-Collegiate News; Editorial College News: Class Elections; The New Class; Where the Faculty Were; The Bowling Alley Locals; Personals; Necrology; Notes; Poetryhttps://digitalworks.union.edu/concordiensis_1889/1006/thumbnail.jp

Gauge fields, ripples and wrinkles in graphene layers

We analyze elastic deformations of graphene sheets which lead to effective gauge fields acting on the charge carriers. Corrugations in the substrate induce stresses, which, in turn, can give rise to mechanical instabilities and the formation of wrinkles. Similar effects may take place in suspended graphene samples under tension.Comment: contribution to the special issue of Solid State Communications on graphen