The Moriarty court granted Arch’s motion for summary judgment on its declaratory judgment action based upon the obligee’s failure to satisfy the conditions precedent under an AIA 312 performance bond and the obligee’s breach by unilateral completion.   This, however, was…

In a very hotly contested matter, the Coastal court, in a 21-page opinion, ruled on cross motions for summary judgment that the surety wearing multiple hats – as a payment bond surety, performance bond surety satisfying outstanding payables that had…

The dispute arose from an AIA 312 performance bond issued on behalf of a pool subcontractor.  To trigger surety’s obligations, the bond required the obligee to, among other things, declare principal in default and terminate its right to perform the…