Consulting Engineers Group, Inc. v. Pace Construction

ORDER

ORINDA D. EVANS, District Judge.

This case is before the court on motion of Third Party Defendant United States Fidelity & Guaranty Co. (“U.S. Fidelity”) for partial summary judgment. 1

This case originated when Plaintiff Consulting Engineers Group, Inc. brought suit against Defendants Pace Construction, Inc. (“Pace”), Atlanta/Windy Hill, Ltd., and Southeast Schokbeton, seeking foreclosure of a mechanic’s lien on a hotel. Pace then filed a third party complaint against U.S. Fidelity, seeking damages for U.S. Fidelity’s alleged wrongful refusal to perform on a surety bond issued to…