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192226P.pdf   07/09/2020  Hanover Insurance Company  v.  Dunbar Mechanical Contractors
   U.S. Court of Appeals Case No:  19-2226
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Shepherd, Author, with Colloton and Erickson, Circuit Judges] 
   Civil case - Contracts. In a declaratory judgment action alleging a 
   performance bond contract was void on the ground the underlying 
   subcontract was invalid because it subcontracted more than the allowable 
   percentage for this type of set-aside government contract, the district 
   court erred in determining the percentage Dunbar spent on contract 
   performance relative to the prime contract exceeded the 85% limit because 
   the percentage could not be conclusively ascertained until the completion 
   of the prime contract; the district court erred in determining that 
   Hanover's potential liability under the False Claims Act if it were to 
   perform the bond warranted discharging it from its obligations and 
   rescinding the contract.