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BELL BCI CO. v. OLD DOMINION DEMOLITION CORP.

No. CIV.A.03-489-A.

294 F.Supp.2d 807 (2003)

BELL BCI COMPANY, Plaintiff, v. OLD DOMINION DEMOLITION CORP., et al., Defendants.

United States District Court, E.D. Virginia. Alexandria Division.

December 17, 2003.

Attorney(s) appearing for the Case

Charlie C.H. Lee, Moore & Lee LLP, McLean, VA, for Plaintiffs/Movants.

Robert Knight Cox, Watt Tieder Hoffar & Fitzgerald LLP, McLean, VA, Christopher Stuart Moffitt, Eric R. Stanco & Associates, Alexandria, VA, for Defendants/Respondents.

MEMORANDUM OPINION

ELLIS, District Judge.

In connection with the issuance of subcontractor performance or payment bonds, sureties typically require subcontractors to agree, by contract, that in the event the bond is triggered by the subcontractor's breach of its contract with the prime contractor, the subcontractor will (1) indemnify the surety and (2) assign to the surety the authority to settle any claims brought by the prime contractor against...

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