Marshall Contractors, Inc. v. Peerless Insurance

MEMORANDUM AND ORDER

TORRES, District Judge.

This is a suit on a performance bond issued by Peerless Insurance Company (“Peerless”) to Marshall Contractors, Inc. (“Marshall”) guaranteeing the performance of one of Marshall’s subcontractors, VT Properties, Inc. (“VT”). It is presently before the Court for consideration of Marshall’s motion for partial summary judgment in the form of a declaration that “Peerless is obligated as a matter of law to pay consequential damages under the performance bond.” That motion is denied for reasons set out below.

FACTS

Marshall is a Rhode Island corporation that…