Court of Appeals for the Federal Circuit August 27, 1990, 90-5010 (Fireman's Fund Insurance Company v. The United States)

OPINION

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Claims Court, 15 Cl.Ct. 225 (1988), holding that the Department of the Army’s release of retainage was a departure from a construction contract that prejudiced the contractor’s surety and discharged it

pro tanto

from its obligations under a performance bond. We reverse.