L & A Contracting Co. v. Southern Concrete Services, Inc.

WISDOM, Circuit Judge:

This case turns on the legal distinction between “breach” and “default”.

A primary contractor sued its bonded subcontractor and the bonding agent for damages arising from the subcontractor’s breach of the subcontract. The district court held the subcontractor and surety liable to the contractor. On this appeal, the subcontractor and surety challenge the district court’s judgment. We AFFIRM the district court’s judgment against the subcontractor. We VACATE the judgment against the surety and RENDER judgment in the surety^ favor.

I

L & A Construction Company (“L & A”), the…