Employers Insurance of Wausau v. Bright Metal Specialties, Inc.

I concur in all of Judge Fay’s cogent opinion except only so much thereof as holds that Wausau is bound by the arbitration provisions in the Bright/A-1 Subcontract. I respectfully dissent from the latter holding.

The majority correctly recognizes that the September 1993 Bright/A-1 Subcontract does not of itself bind Wausau to its arbitration provisions, notwithstanding Wausau’s status as Miller Act performance and payment bond surety for the project general contractor A-l, because Wausau was not a party to the Bright/A-1 Subcontract.1 The majority instead holds that Wausau became bound to…