Can-Tex Industries v. Safeco Insurance Co. of America

OPINION

SNYDER, District Judge.

Sureties on a construction contract file a Motion for Partial Judgment On The Pleadings under Rule 12(c) Fed.R.Civ.P. 1 and seek a determination that finance charges and attorney’s fees claimed by a creditor of the general contractor-principal are not recoverable under their bond. The bond was executed in accordance with the requirement of the Public Works Contractors Bond Law of 1967, 8 P.S. § 191 et seq., that the general contractor provide a payment bond for the protection of subcontractors on any public works project.

For the purposes of Defendants’ Motion, we…