Dave's Excavating, Inc. v. City of New Castle

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Liberty Mutual Insurance Company (“Liberty Mutual”) appeals two orders en tered by the trial court granting summary judgment in favor of the City of New Castle (“the City”) in its suit against Dave’s Excavating, Inc. (“Dave’s”) on a construction contract and against Liberty Mutual under a performance bond. Liberty Mutual presents four issues for review, which we restate as:

1. Whether the trial court erred when it granted summary judgment in favor of the City on the issue of Dave’s’ liability under the construction contract.

2. Whether the trial court…