Hunt Const. Grp., Inc. v. Nat'l. Wrecking Corp., No. 08-7059
In a suit by a contractor against a defaulting subcontractor and two sureties on the subcontractor's performance bond, summary judgment for sureties is affirmed where, under the agreement, even after declaring a default, plaintiff could have proceeded to remedy the default on its own only after it gave "reasonable notice" to defendants-sureties that it intended to do so, but it gave no such notice.
Argued September 15, 2009
Decided November 27, 2009
Opinion by Judge Williams