STEWARD MACH. CO., INC. v. White Oak Corp.

MEMORANDUM OF DECISION

UNDERHILL, District Judge.

Steward Machine Co., Inc. (“Steward”) has sued White Oak Corp. (“White Oak”) and White Oak’s surety, National Union Fire Insurance Co. of Pittsburgh, PA (“National Union”). The action arises out of the construction of the Tomlinson Bridge in New Haven, Connecticut. In 1994, the Connecticut Department of Transportation (“ConnDOT” or “the State”) engaged White Oak to be the project’s general contractor. White Oak then procured a payment bond, with National Union as surety, and sub-contracted with Steward for the latter to furnish certain machinery…