Apex Development Company, LLC v. State of Rhode Island Department of Transportation v. S&R/Pihl, A Joint Venture, LLC

Summary

The Rhode Island Supreme Court affirmed the Superior Court’s summary judgment in favor of the sureties, holding that the performance and payment bond became null and void upon substantial completion and payment because RIDIDOT failed to declare a default and give notice to the sureties. Consequently, the sureties were not liable to indemnify RIDOT for trespass claims. The court applied a strict construction of the bond and required timely notice of default to trigger surety liability.