Buckel Corp. v. Fidelity & Deposit Co. of Maryland

GRIMES, Chief Judge.

This is an appeal from a summary judgment exonerating a surety company from liability to the appellants.

Jones & Braido, Inc. (contractor) entered into a contract to build a condominium apartment project for Buckel Corp. (developer). After the completion of construction and the sale of the apartment units as condominiums, the developer and the condominium association sued the contractor for damages allegedly due to faulty construction. The complaint contained no allegations that the contractor had failed to pay for labor or materials incorporated into the project.…