Craftmark Homes, Inc. v. Nanticoke Construction Co.

OPINION OF THE COURT

ROSENN, Circuit Judge.

First Pennsylvania Bank (“Bank”) appeals from a judgment in the amount of $56,074 entered against it and in favor of Craftmark Homes, Inc., (“Craftmark”) on the Bank’s guarantee of payments due Craftmark under a construction contract. We conclude that the district judge interpreted the contract erroneously and reverse.

This diversity action has its origins in a construction contract entered into between Nanticoke Construction Company (“Nanticoke”) as general contractor and Craftmark as subcontractor. Craftmark was engaged in the construction of…