Five Star Lodging, Inc. v. George Construction, LLC

OPINION

THOMPSON, Judge:

The issue presented is whether an action against a surety on a performance and payment bond was barred by a two-year time limitation contained in the bond. We agree with the trial court that the action was barred and affirm.

On August 5, 1999, Five Star Lodging, Inc., entered into a construction contract with George Construction, LLC, for the construction of a hotel in Scott County, Kentucky. Pursuant to the terms of the contract, George Construction was required to obtain a performance and payment bond. In anticipation of the contract’s execution, on July 28, 1999, and…