Legal Opinion

Windsor Metal Fabrications, Ltd. v. General Accident Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1998Published

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

The plaintiff was a subcontractor on a public improvement contract for the construction of a health care facility at Green-haven Correctional Facility. Eberhard Construction Company (hereinafter Eberhard) was the general contractor. Pursuant to the subcontract, the plaintiff was, inter alia, to provide and erect all structural steel for the project at a subcontract price of $404,000.

In accordance with the provisions of State Finance Law § 137, Eberhard was required to obtain a labor and material bond from a surety who would, among other things, guarantee payment…

2Cases cited7 opinions

  1. Chittenden Lumber Co. v. Silberblatt & Lasker, Inc.New York Court of Appeals · 1942
  2. Sturdy Concrete Corp. v. NAB Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Davidson Pipe Supply Co. v. Wyoming County Industrial Development AgencyNew York Court of Appeals · 1995
  4. Dutchess Quarry & Supply Co. v. Firemen's Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1993
  5. Syracuse Supply Co. v. Seaboard Surety Co.Appellate Division of the Supreme Court of the State of New York · 1990

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