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BANK OF BREWTON, INC. v. INTERN. FIDELITY INS. COMPANY

1000387 and 1000855.

827 So.2d 747 (2002)

BANK OF BREWTON, INC. v. INTERNATIONAL FIDELITY INSURANCE COMPANY. Akers Group International, Inc. v. Bank Of Brewton, Inc., and Jerry Kelly, Sr.

Supreme Court of Alabama.

February 15, 2002.

Attorney(s) appearing for the Case

Edward C. Greene of Frazer, Greene, Upchurch & Baker, L.L.C., Mobile; and John L. Jernigan III of Stokes, Jernigan & Stokes, Brewton, for appellant/cross-appellee Bank of Brewton, Inc.

Thomas L. Selden of Starnes & Atchison, L.L.P., Birmingham, for appellee/cross-appellant International Fidelity Insurance Company.

Thomas Richelo of Richelo, Morrissey, Storrs & Wright, P.C., Atlanta, Georgia; and Robert S. Presto of Caffey, Presto & Associates, P.C., Brewton, for appellee/cross-appellant Akers Group International, Inc.

SEE, Justice.

The Bank of Brewton ("the Bank") hired Akers Group International, Inc. ("Akers"), to renovate the Bank's main office in Brewton, Alabama. On December 12, 1991, the Bank and Akers executed a "Project Management Agreement" and a "Supplement to Project Management Agreement" detailing the renovations to be done and the manner and time of their completion. Akers enlisted International Fidelity Insurance Company ("IFIC") to issue a performance and payment...

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