Northwestern, Inc. v. Gulf Asphalt

SHIVERS, Judge.

In this contract action, Northwestern, Inc. (Northwestern) and United States Fidelity and Guaranty Company (USF & G) appeal the order of the trial court granting Gulf Asphalt Corporation’s (Gulf) motion for summary judgment. We reverse and remand.

Northwestern served as general contractor for a sewer facility project for Bay County, Florida. USF & G provided a payment and performance bond on this project in accordance with section 255.05, Florida Statutes (1981). Northwestern’s contract with Bay County provided that, inter alia, Northwestern was to repair several streets with…