National Union Fire Insurance v. David A. Bramble, Inc.

BATTAGLIA, Judge.

In the present case we are asked to determine the effect of a general contractor’s payment bond surety’s failure to fulfill a contractual provision requiring it to answer a subcontractor’s payment claim within 45 days after receiving that claim. We determine that the language of the payment bond requires the sureties to delineate those portions of the claim that they intend to dispute within the 45-day period and that, under the language of the bond, a failure to do so results in the entirety of the claim being undisputed. We hold that Wadsworth Golf Construction Company of…