Legal Opinion
Elm Haven Construction Ltd. Partnership v. Neri Construction LLC
Court of Appeals for the Second Circuit
Decided July 23, 2004No. Docket No. 03-7967PublishedCited by 2 opinions
1Opinion of the Court
WINTER, Circuit Judge.
Elm Haven Construction L.P. (“Elm Haven”) appeals from Judge Goettel’s grant of summary judgment to United States Fidelity and Guaranty Company (“USF &, G”) on Elm Haven’s claims against Performance and Payment Bonds issued by USF & G. The district court held that USF & G was not liable on the Performance Bond because Elm Haven failed, as required by the bond, to declare a default and to allow USF & G to cure that default before Elm Haven hired a replacement subcontractor. The court further held that USF & G was not liable to Elm Haven on the Payment Bond because Elm…
2Cases cited6 opinions
- Habetz v. CondonSupreme Court of Connecticut · 1992
- Westchester Fire Insurance v. Allstate InsuranceSupreme Court of Connecticut · 1996
- Leyda v. AlliedSignal, Inc.Court of Appeals for the Second Circuit · 2003
- Brody v. Village of Port ChesterCourt of Appeals for the Second Circuit · 2003
- Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf of Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2004
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3Cited by2 opinions
- Hunt Construction Group, Inc. v. National Wrecking CorporationCourt of Appeals for the D.C. Circuit · 2009
- Elm Haven Construction Limited Partnership v. Neri Construction LlcCourt of Appeals for the Second Circuit · 2004