Berlin Steel Construction Co. v. Salah & Pecci Leasing Co.

BERGER, Justice:

In this appeal we consider whether a leasing company that provided equipment on a construction project may recover from the principal or surety under the terms of a bond. The bond defines a claimant as one having a direct contract with the principal or a subcontractor of the principal. The leasing company had neither. Its contract was with a subcontractor of the subcontractor. Accordingly, under the plain language of the bond, the leasing company is not a “claimant” and may not seek payment from the bond.

Factual and Procedural Background

This dispute arises from a 2006…