The Hardaway Company, Plaintiff-Counter-Defendant-Appellant v. Amwest Surety Insurance Company, Defendant-Counter-Claimant-Appellee

DUBINA, Circuit Judge:

In this construction case involving the bonded performance of a now defunct subcontractor, B & F Contractors, Inc. (“B & F”), the plaintiff prime contractor, Harda way Company (“Hardaway”), appeals the district court’s order granting summary judgment to the defendant surety company, Amwest Surety Insurance Company (“Amwest”). The district court found that Hardaway's release of its claims against B & F terminated Hardaway’s rights against Amwest as a matter of state law, despite the explicit reservation of those rights in the release agreement between Hardaway and B & F.

Th…