Western Surety Co. v. FDS Diving Construction & Salvage Co.

Third-party plaintiffs FDS Marine, LLC, FDS Diving Construction and Salvage Co., Inc., and their individual shareholders (collectively, FDS) appeal a summaryjudgment dismissing their claims against General Construction Company (General Construction) for breach of contract and quantum meruit. FDS contends that the trial court erred in entering summary judgment on their claims because there are genuine issues of material fact about whether a release excludes their claims and, if it does, whether General Construction is barred by waiver or estoppel from enforcing the release. We agree that,…