United States Fidelity & Guaranty Co. v. Couch, Inc.

BEATTY, Justice.

Appeals by defendants, Harrington Construction Corporation (Harrington) and United States Fidelity & Guaranty Company (USF & G), from judgments for the plaintiff, Couch, Inc., in the plaintiff’s action brought to recover money damages, interest, and attorneys’ fees under a payment bond. We reverse and remand.

On October 16, 1981, Harrington entered into a contract with the City of Samson, Alabama, under which Harrington was engaged to make certain sewer improvements. On that same date, Harrington contracted with USF & G for a surety bond to insure payment on the project. This…