United States First Circuit

Plaintiff is not liable on a construction performance bond because defendant failed to provide additional written notice that the period had begun after which they would be deemed in default. This failure resulted in a material breach discharging plaintiff from liability under the bond.

Appellate Information

• Decided 06/09/2004
• Published 06/09/2004

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and LISI, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wendy Sibbison, for appellant.


• For Appellees:
  
• Thomas H. Hayman, with whom Bert J. Capone and Cetrulo & Capone LLP, were on brief, for appellee.