Westbay Steel, Inc. v. United States, 970 F.2d 648 (9th Cir. 1992). · Go Syfert
Westbay Steel, Inc. v. United States, 970 F.2d 648 (9th Cir. 1992). Cases Citing This Book View Copy Cite
76 citation events (62 in the last 25 years) across 21 distinct courts.
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (rule) Iliya v. United States Marshalls Service
N.D. Cal. · 2024 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992). 5 Although Plaintiff’s invocation of the Bane Act discusses his claimed damages and not the 6 legal theories underpinning those damages, these proposed claims appear to be based on alleged 7 due process violations.
discussed Cited as authority (rule) Lovelady v. United States Customs and Border Protection
N.D. Cal. · 2024 · confidence medium
See Lance v. United States, 70 F.3d 1093 , 23 1095 (9th Cir. 1995); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992). 24 Consequently, CBP is dismissed for counts three, four, and five of the complaint, and the Court 25 will consider the FTCA claims against the United States only to the extent they seek damages. 26 “The FTCA provides a limited waiver of the sovereign immunity of the United States ‘for 27 injury or loss of property … caused by the negligent or wrongful act or omission of any employee 1 circumstances where the United States, if a private person, woul…
discussed Cited as authority (rule) Martin Vargas v. United States of America (2×)
C.D. Cal. · 2024 · confidence medium
A plaintiff must therefore show a “persuasive analogy with private conduct.” Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992) (quoting Woodbridge Plaza v. Bank of Irvine, 815 F.2d 538, 543 (9th Cir. 1987)).
cited Cited as authority (rule) Roemen v. United States of America
D.S.D. · 2023 · confidence medium
Wash 2016) (citing Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992)).
discussed Cited as authority (rule) Fuentes-Ortega v. United States
D. Ariz. · 2022 · confidence medium
Plaintiffs 22 must therefore show a “persuasive analogy with private conduct.” Westbay Steel, Inc. v. 23 United States, 970 F.2d 648, 650 (9th Cir. 1992) (quoting Woodbridge Plaza v. Bank of 24 Irvine, 815 F.2d 538, 543 (9th Cir. 1987)). 25 The United States relies on a single argument to assert that Plaintiffs cannot show a 26 private analogy — that “only the federal government has the authority to enforce federal 27 criminal and immigration laws and make detention determinations.” Doc. 44 at 22.
discussed Cited as authority (rule) E.S.M. v. United States (2×) also: Cited "see"
D. Ariz. · 2022 · confidence medium
Westbay Steel, Inc. v. U.S., 970 F. 2d 648, 650 (9th Cir. 1992). 12 In Westbay the Ninth Circuit found there was no private-person analog in state tort 13 law for the Government’s negligent failure to comply with federal law controlling the 14 issuance of government contracts (namely, the Miller Act).
cited Cited as authority (rule) Urmancheev v. United States
S.D. Cal. · 2022 · confidence medium
See Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001); 22 Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited as authority (rule) F.R. v. United States
D. Ariz. · 2022 · confidence medium
See Vander v. United States Dep’t of Justice, 268 20 F.3d 661, 663 (9th Cir. 2001); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th 21 Cir. 1992).
cited Cited as authority (rule) A.I.I.L. v. Sessions
D. Ariz. · 2022 · confidence medium
This 15 means that “the FTCA applies only if there is a persuasive analogy with private conduct.” 16 Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992).
cited Cited as authority (rule) Zhang v. United States of American
W.D. Wash. · 2020 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992).
discussed Cited as authority (rule) Pinson v. Dukett
D. Ariz. · 2020 · confidence medium
Thus, relief under the FTCA may be 1 sought for negligent acts or omissions of employees or agents of the federal government. 2 See Vander v. United States Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 2001); Westbay 3 Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited as authority (rule) Wilson v. Lewicky
D. Ariz. · 2020 · confidence medium
See Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir. 12 2001); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited as authority (rule) Smith v. Shartle
D. Ariz. · 2020 · confidence medium
This means that “the 23 FTCA applies only if there is a persuasive analogy with private conduct.” See Westbay 24 Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992).
discussed Cited as authority (rule) Adele Jeter v. the President of the United St
9th Cir. · 2016 · confidence medium
See F.D.I.C. v. Craft, 157 F.3d 697, 706 (9th Cir. 1998) (“The FTCA is the exclusive remedy for tortious conduct by the United States.... ”); see also Goodman v. United States, 298 F.3d 1048, 1054-55 (9th Cir. 2002) (a district court must dismiss for lack of subject matter jurisdiction a claim for damages under the FTCA that is not administratively exhausted); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992) (courts lack jurisdiction under the FTCA to award equitable relief against the federal government).
cited Cited as authority (rule) PW Arms, Inc. v. United States
W.D. Wash. · 2016 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992).
discussed Cited as authority (rule) Jordan Rosenberg v. Harley Lappin (2×) also: Cited "see"
9th Cir. · 2013 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 649 (9th Cir. 1992).
discussed Cited as authority (rule) Moher v. United States
W.D. Mich. · 2012 · confidence medium
Aguilar v. United States, 397 F.3d 840, 863 (10th Cir.2005); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992); Talbert v. United States, 932 F.2d 1064 , 1065-66 (4th Cir.1991); Birnbaum v. United States, 588 F.2d 319, 335 (2nd Cir.1978); Moon v. Takisaki, 501 F.2d 389, 390 (9th Cir.1974); Namer v. United States, 2011 WL 3107819 , *1 (E.D.Ark.
discussed Cited as authority (rule) Clark v. United States (2×)
9th Cir. · 2009 · confidence medium
We review de novo the district court’s dismissal for lack of subject matter jurisdiction, Westbay Steel, Inc. v. United States, 970 F.2d 648, 649 (9th Cir.1992), and we affirm.
discussed Cited as authority (rule) Clark v. United States (2×)
9th Cir. · 2009 · confidence medium
We review de novo the district court’s dismissal for lack of subject matter jurisdiction, Westbay Steel, Inc. v. United States, 970 F.2d 648, 649 (9th Cir.1992), and we affirm.
discussed Cited as authority (rule) Moyer Packing Co. v. United States
E.D. Pa. · 2008 · confidence medium
United States v. Olson, 546 U.S. 43, 46 , 126 S.Ct. 510 , 163 L.Ed.2d 306 (2005); see, e.g., Estate of Walters v. United States, 474 F.3d 1137 , 1139 (8th Cir.2007); Stratmeyer v. United States, 67 F.3d 1340, 1345 (7th Cir.1995); Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992); Howard v. United States, No. 99-cv-3865, 2000 WL 1272590 , at *2, 2000 U.S. Dist.
discussed Cited as authority (rule) Quechan Indian Tribe v. United States
S.D. Cal. · 2008 · confidence medium
See humarse, Inc. v. Dept. of Health and Human Svcs., 191 F.3d 460 , 1999 WL 644355 (9th Cir.1999); Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992) (“[T]he only relief provided for in the FTCA is money damages.”).
cited Cited as authority (rule) Christonson v. United States
D. Idaho · 2006 · confidence medium
Westbay Steel, Inc. v. U.S., 970 F.2d 648, 651 (9th Cir.1992).
cited Cited as authority (rule) City of Moses Lake v. United States
E.D. Wash. · 2005 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992).
discussed Cited as authority (rule) Sedgwick v. United States
9th Cir. · 2001 · confidence medium
The district court did not err by dismissing Sedgwick’s claim that the Board failed to assist him in prior litigation because no private cause of action attaches to the Board’s reserve requirement duties, see 12 U.S.C. § 461 , and because mere allegations of negligence are not actionable under the FTCA, see Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992).
discussed Cited as authority (rule) O & G Industries, Inc. v. Town of New Milford
Conn. · 1994 · confidence medium
See, e.g., Hardaway Co. v. United States Army Corps of Engineers, 980 F.2d 1415, 1416-17 (11th Cir. 1993); Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992); Arvanis v. Noslo Engineering Consultants, Inc., 739 F.2d 1287, 1290 (7th Cir. 1984).
discussed Cited as authority (rule) Zellner Plastering Company v. United States of America, by Its Agent United States Navy (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992); see also Hardaway Co. v. United States Army Corps of Eng'rs, 980 F.2d 1415, 1417-18 (11th Cir.1993), cert. denied, 62 U.S.L.W. 3245 (U.S. Oct. 4, 1993).
cited Cited "see" Dahlstrom v. Biden
W.D. Wash. · 2025 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 11 1992).
cited Cited "see" (PC) Fiorito v. United States
E.D. Cal. · 2025 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th 2 | Cir.1992); Moon v. Takisaki, 501 F.2d 389, 390 (9th Cir. 1974).
cited Cited "see" Urmancheev v. United States
S.D. Cal. · 2025 · signal: see · confidence high
See Westbay Steel, Inc. v. United 3 States, 970 F.2d 648, 651 (9th Cir. 1992). 4 However, Congress also carved out exceptions to waiver under the FTCA for certain 5 torts.
discussed Cited "see" Daniel v. United States
W.D. Wash. · 2024 · signal: see · confidence high
Dkt. 24 at 23; see Westbay Steel, Inc. v. 5 United States, 970 F.2d 648, 651 (9th Cir. 1992). 6 Daniel counters that the appropriate analogue to the United States is the Washington 7 State Department of Natural Resources.
cited Cited "see" Seehawer v. United States
D. Idaho · 2024 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992).
cited Cited "see" Lyndon v. United States of America
D. Haw. · 2020 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited "see" Lyndon v. United States of America
D. Haw. · 2020 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992).
cited Cited "see" America Cargo Transport, Inc. v. United States
9th Cir. · 2010 · signal: see · confidence high
See id. at 651 .
cited Cited "see" Pesnell v. United States
9th Cir. · 2003 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992).
cited Cited "see" Blue Fox Inc. v. Small Business Administration
9th Cir. · 1997 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 650-51 (9th Cir.1992) (FTCA); Arvanis v. Noslo Eng’g Consultants, Inc., 739 F.2d 1287 , 1289-90 (7th Cir.1984) (Miller Act); United Elec.
cited Cited "see" Dennis Friday v. United States
9th Cir. · 1994 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992).
discussed Cited "see" Palm v. United States
N.D. Cal. · 1993 · signal: see · confidence high
See Westbay Steel, Inc., v. U.S., 970 F.2d 648, 651 (9th Cir.1992), quoting, Talbert v. United States, 932 F.2d 1064, 1065-66 (4th Cir.1991) (“only relief provided for in the [FTCA] is ‘money damages’ ”).
cited Cited "see" Don Smith v. Postmaster Bakke
9th Cir. · 1993 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992) (the FTCA does not submit the United States to injunctive relief).
discussed Cited "see" The Hardaway Company v. United States Army Corps of Engineers (2×)
11th Cir. · 1993 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992) (“[B]ecause liability is inappropriate when the United States approves a contract without a bond, the approval of a contract with an inadequate bond is likewise not actionable.”). 5 We thus hold that a subcontractor may not state a claim under the FTCA for the negligent failure to investigate the assets of a surety.
discussed Cited "see" John Leon Plumes v. J. Michael Quinlan, Director Jerry T. Williford W. Dennis Harrell Kenneth Albright
9th Cir. · 1992 · signal: see · confidence high
See Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir.1992) (FTCA does not provide equitable relief); Moon v. Takisaki, 501 F.2d 389, 390 (9th Cir.1974) (FTCA "makes the United States liable in money damages for the torts of its agents under specified conditions, but the Act does not submit the United States to injunctive relief")
discussed Cited "see, e.g." (PS) Bland v. Kandow
E.D. Cal. · 2025 · signal: see also · confidence medium
For example, the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 7 2671-2680, waives sovereign immunity for the tortious acts of federal employees working in the 8 scope of their employment, but the FTCA applies only to suits for money damages; it does not 9 apply to claims for injunctive relief. 28 U.S.C. § 1346 (b); see also, Westbay Steel, Inc. v. United 10 States, 970 F.2d 648, 651 (9th Cir. 1992).
discussed Cited "see, e.g." Quinonez v. Does 1 through 5
N.D. Cal. · 2023 · signal: see also · confidence low
As the government notes in its motion, “the only relief provided for in the 27 FTCA is money damages.” See id.; see also Westbay Steel, Inc. v. United States, 970 F.2d 648 , 1 If the claim arises in a new context, the court then asks “whether there are any special 2 factors that counsel hesitation” about extending Bivens to that new context.
discussed Cited "see, e.g." Conboy v. U.S. Small Business Administration
M.D. Penn. · 2020 · signal: see also · confidence low
Moreover, fairness or policy reasons cannot by themselves waive sovereign immunity.” (internal quotation marks omitted)); see also Westbay Steel, Inc. v. United States, 970 F.2d 648 (9th Cir. 1992) (observing the FTCA does not contain a waiver of sovereign immunity for equitable claims); Sumwalt v. U.S. Department of Veterans Affairs, No. 3:13-cv-00367, 2013 WL 6056602 , at *4 (W.D.N.C.
discussed Cited "see, e.g." Bhuiyan v. United States
N. Mar. I. · 2017 · signal: see also · confidence medium
The Government’s 28 reply contains its actual arguments to the FAC, and Bhuiyan’s surreply contains his rebuttal to said arguments. 6 1 private person analog need not be exact, the court’s job in applying the standard is “to find the 2 most reasonable analogy.” LaBarge v. Mariposa Cty., 798 F.2d 364, 367 (9th Cir. 1986); see also 3 Westbay Steel, Inc. v. United States, 970 F.2d 648, 650 (9th Cir. 1992).
cited Cited "see, e.g." V. Real Estate Group, Inc. v. United States Citizenship & Immigration Services
D. Nev. · 2015 · signal: see also · confidence medium
(Compl. at 22; Pis.’ Opp’n 20); see also Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992) (recognizing that the FTCA does not provide for equitable relief).
discussed Cited "see, e.g." Fano Family v. American Samoa Government
amsamoa · 2004 · signal: see also · confidence medium
Id.; see also Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992) (the FTCA does not submit the United States to injunctive relief); Women Prisoners of the District Columbia Dept. of Corrections, et al., v. District of Columbia, 899 F. Supp. 659, 666 (D.D.C. 1995) (the FTCA does not provide a waiver of sovereign immunity for equitable relief).
discussed Cited "see, e.g." Appleton v. United States
D.D.C. · 2002 · signal: see also · confidence low
See also Westbay Steel v. United States, 970 F.2d 648 (9th Cir.1992) (the failure of a contracting officer to use reasonable care in approving sureties provided under the Miller Act is not actionable under the FTCA even if the subcontractor relied on the contracting officer’s approval of surety); Gelley v. Astra Pharmaceutical Products, Inc., 466 F.Supp. 182 (D.Minn.1979), aff'd. 610 F.2d 558 (8th Cir.1979) (in a case involving- federal approval of a drug, the Government could not be held liable for the negligence of its employees because the applicable District of Columbia law did not impos…
Retrieving the full opinion text from the archive…
WESTBAY STEEL, INC., Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee
91-15946.
Court of Appeals for the Ninth Circuit.
Jul 23, 1992.
970 F.2d 648
Julia A. Mandeville, Aaron, Riechert, Carpol, Riffle & Mandeville, Redwood City, Cal., for plaintiff-appellant., Patricia J. Kenney, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.
Wallace, Choy, Poole.
Cited by 50 opinions  |  Published
WALLACE, Chief Judge:

Westbay Steel, Inc. (Westbay) appeals from the district court’s dismissal of its suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). The district court dismissed the suit on jurisdictional grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

I

The Federal Aviation Administration (FAA) entered into a contract with Kardan Construction, Inc. (Kardan), a general contractor, pursuant to which Kardan agreed to construct the Automated Flight Service Station at the Oakland Airport (Oakland Airport project). At the time this contract was signed, Kardan and the proposed sureties, Robert E. Alvarez and Robert H. Alvarez (sureties), executed a payment bond for the purpose of complying with the Miller Act, 40 U.S.C. § 270a(a). The payment bond was then filed with the FAA for approval. The contracting officer in charge of the project allegedly approved the sureties.

Westbay, as a subcontractor of Kardan, agreed to provide certain materials and services necessary to construct the Oakland Airport project. Westbay fully performed under this subcontract.

The FAA later terminated Kardan’s contract because Kardan failed to provide sufficient performance and payment bonds throughout the contract period. Westbay alleges that the FAA did not pay Kardan, and that Kardan did not pay Westbay. Westbay subsequently made an unsuccessful demand for payment from Kardan and the sureties and obtained a default judgment against them. Westbay alleges that the judgment is likely uncollectible.

Westbay filed this action under the FTCA against the United States for monetary damages, alleging that the federal contracting officer negligently approved the sureties. Westbay also seeks an equitable lien on funds allegedly retained by the FAA, arguing that the FAA has been unjustly enriched.

II

The United States argues that this court lacks jurisdiction to consider this appeal because Westbay’s notice of appeal was untimely. Under Federal Rule of Appellate Procedure 4(a)(1), the notice of appeal must be filed within 60 days after the entry of the district court’s judgment or order when the United States is a party. The district court entered the judgment and order dismissing this action on April 18, 1991. The notice of appeal was filed on June 13, 1991. Obviously, the United States is wrong and the appeal was timely.

III

We review the district court’s dismissal of an action de novo. Hartford Accident & Indent. Co. v. Continental Nat’l Am. Ins. Co., 861 F.2d 1184, 1185 (9th Cir.1988). The sole basis for jurisdiction alleged in Westbay’s complaint is the FTCA. Westbay argues that it has stated[*650] a negligence claim that is actionable under the FTCA. Westbay points out that the Miller Act requires general contractors to furnish a payment bond with a surety or sureties satisfactory to the government officer awarding the contract. 40 U.S.C. § 270a(a). Westbay argues that the contracting officer was under a duty to approve the sureties in a non-negligent manner.

Merely alleging negligence is insufficient to state a claim. We have identified specific limitations to successful FTCA actions. FTCA liability does not extend to all “violations” of statutes and regulations. See Woodbridge Plaza v. Bank of Irvine, 815 F.2d 538, 543 (9th Cir.1987) (Woodbridge Plaza) (FTCA inapplicable when Federal Deposit Insurance Corporation, acting as a receiver under state law, violates California statutes concerning treatment of bank’s creditors). The FTCA grants the district courts exclusive jurisdiction over civil suits “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1346(b). Thus, the FTCA applies only if there is a “persuasive analogy with private conduct.” Woodbridge Plaza, 815 F.2d at 543 (internal quotations and citation omitted).

With these limitations in mind, we turn to the negligence charged in this action: the failure to use reasonable care in the approval of sureties provided under the Miller Act.

The Fourth, Fifth, Seventh, and Tenth Circuits, addressing factually similar situations, have held that a federal contracting officer’s failure to comply with the Miller Act’s bond approval provision “can have no counterpart in private activity” and “does not create liability on the part of the government under the [FTCA].” Devlin Lumber & Supply Corp. v. United States, 488 F.2d 88, 89 (4th Cir.1973) (Devlin); accord Arvanis v. Noslo Eng’g Consultants, Inc., 739 F.2d 1287, 1290-92 (7th Cir.1984) (Arvanis), cert. denied, 469 U.S. 1191, 105 S.Ct. 964, 83 L.Ed.2d 969 (1985); McMann v. Northern Pueblos Enters., Inc., 594 F.2d 784, 785-86 (10th Cir.1979) (McMann); United States v. Smith, 324 F.2d 622, 624-25 (5th Cir.1963) (Smith).

Westbay seeks to distinguish Devlin, Arvanis, McMann, and Smith because the plaintiffs in these cases sought damages on the basis that the United States proceeded with the contracts even though no surety bonds were posted. See Arvanis, 739 F.2d at 1289; McMann, 594 F.2d at 785; Devlin, 488 F.2d at 89; Smith, 324 F.2d at 623. Westbay argues that this case is different because the United States negligently approved an inadequate surety, whereas in Devlin, Arvanis, McMann, and Smith, the government committed no negligent act. Although we understand the distinction, we are not persuaded that it makes a difference. The allegedly negligent act in the four sister circuit cases was the approval by the United States of the contracts without ensuring that there were surety bonds. Under the Miller Act, the contracting officer should not approve a contract without ensuring that there is a surety bond and that the surety bond is adequate. 40 U.S.C. § 270a(a). In this case, as well as in the other four cases, the United States is charged with negligently carrying out its alleged duty to approve a contract and a surety. We agree with the reasoning of our sister circuits and conclude that because liability is inappropriate when the United States approves a contract without a bond, the approval of a contract with an inadequate bond is likewise not actionable.

Westbay also argues that the government should be held liable because West-bay relied on the United States’s approval of the surety. This is not a basis for distinction. The subcontractors in Arvanis and the other cases also may have assumed, in reliance upon the United States, that surety bonds had been posted. See Arvanis, 739 F.2d at 1289 (subcontractors[*651] were unaware that contractor had not obtained a bond).

We hold that the contracting officer’s alleged negligent approval of a surety bond is not actionable under the FTCA. Therefore, the district court lacked jurisdiction to entertain this action. This result upholds the limitations we have placed on the FTCA and prevents subcontractors from achieving “by indirection a result that they could not reach directly under the Miller Act.” Id. at 1292; see also id. at 1289-90 (subcontractors have no claim under the Miller Act against the United States for failure to require a bond). Because we hold that there is no jurisdiction under the FTCA, we need not reach the question of whether Westbay has standing to sue the United States.

IV

Westbay also argues that the government should be held liable because Westbay is not only seeking damages but also an equitable lien for unjust enrichment. However, “[t]he only relief provided for in the [FTCA] is ‘money damages.’ ” Talbert v. United States, 932 F.2d 1064, 1065-66 (4th Cir.1991); accord Moon v. Takisaki, 501 F.2d 389, 390 (9th Cir.1974) (“The [FTCA] makes the United States liable in money damages for the torts of its agents under specified conditions, but the Act does not submit the United States to injunctive relief.”). Thus, there is no jurisdiction under the FTCA to award an equitable lien.

AFFIRMED.