Charles E. Weber v. Heat Control Co
Cases that cite this one
24 later published cases cite this decision.
- Stampco Const. Co., Inc. v. Guffey (Ind. Ct. App. 1991)
- Favel v. American Renovation & Construction Co. (Mont. 2002)
- United States for the Use v. New Age Development Group LLC (3d Cir. 2023)
- Menjivar Garcia v. Skanska USA Building Inc. (District Court, District of Columbia 2018)
- Garcia v. Skanska USA Bldg., Inc. (D.C. Cir. 2018)
- Ali v. DLG Dev. Corp. (District Court, E.D. Pennsylvania 2017)
- Lopez Castro v. Fidelity and Deposit Company of Maryland (District Court, District of Columbia 2014)
- Grim v. Eastern Electric, LLC (W. Va. 2014)
- Lewis v. Gaylor, Inc. (District Court, S.D. Indiana 2012)
- Johnson v. Prospect Waterproofing Company (District Court, District of Columbia 2011)
- Jan Grochowski v. Phoenix Construction (2d Cir. 2003)
- Grochowski v. Phoenix Construction (2d Cir. 2003)
- United States Ex Rel. Bradbury v. TLT Construction Corp. (District Court, D. Rhode Island 2001)
- Peatross v. Global Associates (United States District Court for the District of Hawaii 2000)
- Livingston v. Shore Slurry Seal, Inc. (District Court, D. New Jersey 2000)
- Sherman Wheeler v. Graco Trucking Corporation (3d Cir. 1993)
- Wheeler v. Graco Trucking Corp. (3d Cir. 1993)
- Dorey Electric Co. v. Pittman Mechanical Contractors, Inc. (District Court, E.D. Virginia 1992)
- Kenney v. Roland Parson Contracting Corp. (District Court, District of Columbia 1992)
- Norling v. Valley Contracting and Pre-Mix (District Court, D. North Dakota 1991)
- International Brotherhood Of Electrical Workers Local Union No. 5 v. United States Dept. Of Housing And Urban Development (3d Cir. 1988)
- International Brotherhood of Electrical Workers Local Union No. 5 v. United States Dept. of Housing & Urban Development (3d Cir. 1988)
- Bane v. Radio Corp. of America (4th Cir. 1987)
- United States Ex Rel. Motta v. Able Bituminous Contractors, Inc. (District Court, D. Massachusetts 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
MEMORANDUM OPINION OF THE COURT
Plaintiff-appellant, Charles E. Weber, brought this action in the United States District Court for the District of New Jersey, alleging that the defendant, Heat Control Co., violated the Davis-Bacon Act, 40 U.S.C. § 276a, et seq. (the Act) in that it failed to pay prevailing wages for insulation work which Weber had performed for Heat Control Co. in connection with that company’s contract with the government for roof insulation at the Veterans Administration Medical Center in Lyons, New Jersey.
The defendant moved for summary judgment on the ground that the Davis-Bacon Act did not create a private right of action and that the plaintiff, as an independent sub-contractor, fell outside of the scope of the Act. It was further asserted that plaintiff’s rights were to be determined by oral contract.
The district court was thus presented with the question of whether or not the Act creates an implied private right of action to enforce a contract that does contain Act specifications.
The district court, after a careful analysis, granted summary judgment to the defendant, holding that the plaintiff was not possessed of a private right of action. 1 Judge Debevoise’s opinion, Weber v. Heat Control Co., 579 F.Supp. 346 (D.C.N.J. 1982), fully reviews the statutory background and case law.
*600 We affirm for the reasons stated by Judge Debevoise.
. Having dismissed the federal claim, the court held that it was without subject matter jurisdiction relative to the alleged oral contract. We agree.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.