Whitacre Construction Specialties, Inc. v. Aetna Casualty & Surety Co.

Judgment unanimously reversed, on the law, with costs, and complaint dismissed. Memorandum: The sole issue in this action is the meaning of the phrase “ceased Work on said Contract” as it appears in the labor and material payment bond issued by the defendant Aetna Casualty and Surety Company. The trial court construed the term “Work” as including the performance of administrative obligations under the contract as well as work on the construction project. We disagree. Both the labor and material payment bond and the agreement between the owner and the contractor are on standard printed forms…