WMS Construction, Inc. v. North American Specialty Insurance Co.

WMS Construction Inc. (“WMS”), plaintiff below, appeals a Final Summary Judgment in favor of the defendant, North American Specialty Insurance Company (“NAS”). We affirm.

In 1995, Palm Springs Mile Associates, Ltd. (“Palm Springs”), entered into a contract with Noland Construction, Inc. (“No-land”) to build a Winn Dixie at the Palm Springs Mile Shopping Center in Hialeah. Noland, in turn, subcontracted a portion of the construction to the appellant, WMS. The appellee, NAS, issued a payment bond on behalf of Noland and in favor of Palm Springs on March 23, 1995. After having completed…