Certified Industries Inc. v. Royal Indemnity Co.

Plaintiff, a materialman, moves for summary judgment against the general contractor and its surety, for moneys due it for materials delivered pursuant to a contract between it and one of the general contractor’s subcontractors. The general contractor is the principal on a payment bond issued by the surety, an insurance company. The payment bond states that obligations thereunder shall remain in force “ if the Principal, his or its representatives or assigns and other subcontractors to whom work under this Contract is sublet and his or their successors and assigns shall promptly pay or cause…