Scott Co. v. United States Fidelity & Guaranty Insurance

Opinion

ELIA, J.

This is the second appeal arising from a subcontractor’s effort to recover damages for cost overruns in a public works project. After succeeding at trial against the general contractor, plaintiff Scott Co. of California (Scott) sought damages and attorney fees against the contractor’s sureties on the payment bond. The trial judge denied the sureties’ summary judgment motion, but a different judge granted the sureties’ motion to reconsider and then granted their summary judgment motion. In this appeal Scott contends that the court lacked jurisdiction to grant reconsideration and…