United States DC Circuit
Hunt Const. Grp., Inc. v. Nat'l. Wrecking Corp., 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.
Appellate Information
- Decided 11/30/2009
- Published 11/30/2009
Judges
- Before: TATEL and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- David T. Dekker argued the cause for appellant. On the briefs were Michael S. McNamara and Laura R. Thomson.
- For Appellees:
- Michael C. Zisa argued the cause for appellees. With him on the brief were Stephen M. Seeger and Leonard A. Sacks., Edward G. Gallagher filed the brief for amicus curiae in support of appellees and urging affirmance.