Waukesha Concrete Products Co. v. Capitol Indemnity Corp.

Capitol Indemnity Corporation (Capitol Indemnity), the bonding company, appeals from a summary judgment granted to Waukesha Concrete Products Company, Inc. (Waukesha Concrete) for principal and interest owed to Waukesha Concrete by D & K Construction Company (D & K), the prime contractor, for labor and materials supplied for seven public works projects. Capitol Indemnity's primary contention is that, as a surety, it is not liable for interest charges provided for in the contracts between Waukesha Concrete and D & K. Capitol Indemnity also claims that the "identical property" exception…