In an action for payment on a labor and materials payment bond issued by defendants in connection with a construction project, judgment for plaintiff is affirmed in part where the district court did not err in finding that the action was timely under the terms of the bond. However, the judgment is reversed in part where the district court improperly set off from the damages award the contractor’s full cost to complete that portion of the contracted work that had not been completed by plaintiff.
Read Arch Ins. Co. v. Precision Stone, Inc., No. 07-3950
Appellate Information
Argued: December 19, 2008
Decided: October 1, 2009
Judges
Opinion by Judge Sack
Counsel
For Appellant:
Patrick M. Reilly, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY
For Appellee:
Peter Goetz and Susan M. Pascale, Goetz Fitzpatrick LLP, New York, NY
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
