Sim's Crane Service, Inc. v. Reliance Insurance Company

The issue in this case is whether repair costs on a crane damaged in a construction accident are covered by a performance and payment bond. The district court, 514 F.Supp. 1033, held the bondsman did not have to pay for such repairs. We affirm.

A subcontractor on an apartment building construction project leased a crane from plaintiff Sim’s Crane Service. The crane was damaged at the job site as a result of alleged negligent operation by one of the subcontractor’s employees. Sim’s repaired it, and sued for both rent and repairs on the contractor’s performance and payment bond written by…