Colorado Structures, Inc. v. Insurance Co. of the West

*611¶35 (concurring in the dissent) — I agree with the majority that there is no language in the performance bond that requires Colorado Structures, Inc. (Structures) to “formally” declare a default or terminate the subcontract as a condition precedent to Insurance Company of the West’s (West) liability under the bond. But I disagree with the majority’s holding that Structures had no legal obligation to declare a default at all. The majority dispenses with the declaration of default requirement after erroneously equating it with termination of the subcontract. In doing so, the majority renders…