Village of Pawnee v. Azzarelli Construction Co.

Plaintiff Village of Pawnee (plaintiff or Pawnee) filed a fourth-amended complaint against defendants Azzarelli Construction Co. (Azzarelli) and Fidelity & Deposit Company of Maryland (Fidelity) seeking damages in excess of $1 million. Plaintiff alleged various theories of recovery for a sanitary sewer system, which Azzarelli constructed for plaintiff, but which was found to have excessive amounts of water passing through the system. Fidelity is Azzarelli’s surety by virtue of a performance bond executed between the two parties. The causes of action were narrowed down by rulings of the…