Supreme Court of Delaware

The Berlin Steel Construction Company and Western Surety Company, Defendants Below, Appellants/cross Appellees, V…

October 4, 20102010 Del. LEXIS 498

Summary

The court held that a leasing company several tiers removed from the prime contractor was not a claimant entitled to recover under the payment bond. The bond's express definition limited claimants to parties with a direct contract with the principal or with one of the principal's subcontractors, and the leasing company contracted only with a subcontractor's subcontractor. The judgment in favor of the leasing company was reversed, making the remaining arguments moot.