Chas. H. Tompkins Co. v. Lumbermens Mutual Casualty Co.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This case, simply put, amounts to an effort by plaintiff to stretch a bid bond into a payment and performance bond. The effort fails. A bid bond is separate and distinct from a payment and performance bond; it covers different risks. Here, defendant signed a subcontractor’s bid bond as surety. In conformity with the bid bond, the subcontractor delivered an executed contract for the work to be performed. But in violation of that bond, it failed to furnish a payment and performance bond. Plaintiff, the bid bond obligee, did not declare a…