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DECCA DESIGN BUILD, INC. v. AMERICAN AUTO. INS. CO.

No. 1 CA-CV 02-0519.

77 P.3d 1251 (2003)

206 Ariz. 301

DECCA DESIGN BUILD, INC., an Arizona corporation, Plaintiff-Appellant, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

As Amended October 7 and October 22, 2003.

Attorney(s) appearing for the Case

Koeller, Nebeker, Carlson & Haluck, LLP, Phoenix, By William A. Nebeker, Rosary A. Hernandez, Thomas A. Walcott, Attorneys for Appellant.

Jennings, Haug & Cunningham, LLP, Phoenix, By Chad L. Schexnayder, Matthew H. Sloan, Attorneys for Appellee.

OPINION

LANKFORD, Judge.

¶ 1 A general contractor, Decca Design Build, Inc., appeals from the superior court's summary judgment for American Automobile Insurance Company. The superior court barred Decca's action against American on its performance bond, issued to assure performance by a subcontractor, as untimely. Whether the action was untimely depends on when "final payment" was "due" under the subcontract. For the following reasons, we reverse.<...

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