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BERLIN STEEL v. SALAH & PECCI LEASING

No. 678, 2009.

5 A.3d 608 (2010)

The BERLIN STEEL CONSTRUCTION COMPANY and Western Surety Company, Defendants Below, Appellants/Cross Appellees, v. SALAH & PECCI LEASING CO., INC., Plaintiff Below, Appellee/Cross Appellee, and Structural Services, Inc., Defendant Below, Appellee/Cross Appellant.

Supreme Court of Delaware.

Decided: October 4, 2010.

Attorney(s) appearing for the Case

James F. Harker, Esquire , of Cohen Seglias Pallas Greenhall & Furman, P.C., Wilmington, Delaware; Of Counsel: George E. Pallas, Esquire (argued) and Daniella Gordon, Esquire of Cohen, Seglias Pallas Greenhall & Furman, P.C., Philadelphia, Pennsylvania, for Appellants/Cross Appellees.

Joanne P. Pinckney, Esquire , Michael A. Weidinger, Esquire (argued) and Elizabeth A. Wilburn, Esquire of Pinckney, Harris & Weidinger, LLC, Wilmington, Delaware; for Appellee/Cross Appellee, Salah & Pecci Leasing Co., Inc.

Daniel F. Wolcott, Jr., Esquire (argued) and Gregory A. Inskip, Esquire of Potter Anderson & Corroon LLP, Wilmington, Delaware for Appellee/Cross Appellant Structural Services, Inc.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

In this appeal we consider whether a leasing company that provided equipment on a construction project may recover from the principal or surety under the terms of a bond. The bond defines a claimant as one having a direct contract with the principal or a subcontractor of the principal. The leasing company had neither. Its contract was with a subcontractor of the subcontractor. Accordingly, under the plain language of the bond, the leasing company...

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