Coffman Industries, Inc. v. Gorman-Taber Co.

SHANGLER, Judge.

This review is of cross-appeals taken by the defendant Fidelity and Casualty Company of New York and defendant-third party plaintiff Gorman-Taber Company.

The litigation was the culmination of this sequence of events: Beardsley Construction Company [Beardsley] became the general contractor for a sewage treatment plant. As a condition of the undertaking Beardsley obtained from Fidelity and Casualty Company of New York [Fidelity] a performance bond to guarantee payment by the contractor and sub-contractor of all supplies, material and labor. Gorman-Ta-ber Company [Gorman-Taber]…