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GLOUCESTER CITY v. AM. ARBITRATION ASS'N.

755 A.2d 1256 (2000)

333 N.J. Super. 511

GLOUCESTER CITY BOARD OF EDUCATION, Plaintiff-Appellant, v. AMERICAN ARBITRATION ASSOCIATION, Defendant, and Amwest Surety Insurance Company, Defendant-Respondent, and Burris Construction Company, INC., Defendant/Third-PartyPlaintiff, v. J & L Plumbing & Heating, Inc., t/a J & L Associates, Inc., and Worth & Company, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 2000.

Attorney(s) appearing for the Case

Edward Seglias of the Pennsylvania bar, admitted pro hac vice, Philadelphia, PA, argued the cause for appellant (Cohen, Seglias, Pallas & Greenhall, attorneys; Mr. Seglias, of counsel; Janet L. Treiman, on the brief).

Jeffrey A. Less, Philadelphia, PA, argued the cause for respondent (Bazelon Less & Feldman, attorneys; Mr. Less and Lisa A. Barton, on the brief).

Before Judges SKILLMAN, D'ANNUNZIO and NEWMAN.

The opinion of the court was delivered by SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether a surety which issues a statutorily mandated performance bond for a public construction project may establish preconditions for the filing of a claim under the bond that are not contained in the bond form prescribed by N.J.S.A. 2A:44-147.

In 1993, plaintiff Gloucester City Board of Education ...

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