Denver D. Darling, Inc. v. Controlled Environments Construction, Inc.

Opinion

VOGEL (C. S.), P. J.

Introduction

Plaintiff Denver D. Darling, Inc., doing business as Darco Construction (Darco), a subcontractor, sued the general contractor, defendant Controlled Environments Construction, Inc. (Controlled) to recover the retention proceeds being withheld by Controlled. Darco also filed suit against Aetna Casualty & Surety Company of America (formerly Travelers’ Insurance, referred to hereafter as Travelers), the surety on the statutory contractor’s bond held by Controlled. Controlled counterclaimed, arguing that Darco failed to comply with contractual specifications…