Benning Construction Co. v. All-Phase Electric Supply Co.

Beasley, Judge.

Defendants Benning Construction Company and St. Paul Fire & Marine Insurance Company were granted interlocutory appeal from two separate orders of the trial court, which denied judgment to defendants in two suits by All-Phase Electric Supply Company to collect on bonds which had discharged materialman’s liens. No notice of appeal was filed in the second suit (No. 91-A-46172-1), so it is not a part of this appeal. The issue is whether or not All-Phase’s execution of a document entitled “Waiver and Release of Lien” precludes its suit against St. Paul. It does not.

In late 1990,…