Preferred Fire Protection, Inc. v. Joseph Davis, Inc.

OPINION BY

BOWES, J.:

¶ 1 Preferred Fire Protection, Inc. (“Preferred”) appeals from the August 8, 2006 order granting the motion for summary judgment in favor of Liberty Mutual *22Insurance Company (“Liberty”), the commercial surety that posted a Labor and Materialmen’s Payment Bond (“Bond”) on behalf of Joseph Davis, Inc. (“JDI”), the general contractor, in connection with a contract between Preferred and JDI for the installation of a fire protection sprinkler system for a parking garage project. We reverse and remand.

¶ 2 The trial court provided the following factual and procedural history in…