Hunt Construction Corporation hired National Wrecking Corporation as a subcontractor to a larger project that Hunt oversaw. National Wrecking agreed to finish its work by February 12, 2004. Around the deadline, Hunt learned that the work would be delayed. Hunt complained to National Wrecking and incur red additional expenses for the delay in the work. National Wrecking completed its work on April 6, 2004. Even though Hunt knew of the impending delay since early February, Hunt failed to notify National Wrecking's sureties of the default until July 2004. When it filed suit against National Wrecking for breach of contract and added National Wrecking's sureties, National Wrecking's sureties sought summary judgment, arguing that Hunt had failed to provide timely notice of the default. The district court granted summary judgment in National Wrecking's favor. Hunt appealed, arguing that the surety bond contract did not require notice as a condition precedent to recovery. No reference to notice is provided in the bond form in question. How do you think the court of appeals ruled? Do you think that National Wrecking's sureties needed to state notice as a condition precedent to collection?
Answer to relevant QuestionsBrad Gupta formed two companies, Ameriquest Holdings and Ananya Aviation, for which he pur- chased three air planes that were in lease agreements with US Airways and Continental Airlines. However, after the events of ...Andrew Finch, a stockbroker at Morgan Stanley Dean Witter & Co., assumed that his role in making Morgan Stanley the lead underwriter on the initial public offering (IPO) of Webmethods stock would allow him to allocate 75,000 ...What are the various types of sales contracts? A restaurant called "The Inn Between" entered into a contract to purchase a used restaurant computer sys- tem. The contract included installation and training from Remanco Metropolitan, Inc. The contract also required that ...Abdul Matin returned from a lengthy trip abroad and discovered that an unknown person had used forged checks to empty his account at Chase Manhattan Bank. The person forged a change-of-address card, which caused the bank to ...
Post your question