Defendant sureties' theory of a conspiracy between plaintiff, the claimant/equipment supplier on a payment bond, and the nonparty owner to forgo payment of receivables by the contractor and to engineer a payment bond claim, is refuted by the fact that plaintiff began preparing its payment bond claim one month before the conspiracy is alleged to have been hatched, and by the fact that the receivables had already been exhausted by that point. Plaintiff's attempts to secure...
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