Dysart Corp. v. Seaboard Surety Co.

Opinion

BORDEN, J.

The dispositive issue in this appeal is whether a pub that has cashed wage checks for employees of a subcontractor on a public construction project is entitled to assert a claim under a labor and material payment bond issued in connection with the project pursuant to General Statutes § 49-41 when the checks are subsequently dishonored by the subcontractor’s bank. The defendant surety on the bond, Seaboard Surety Company (Seaboard), appeals1 from the judgment of the trial court granting summary judgment to the plaintiff, Dysart Corporation (Dysart), the pub owner, on its claim…