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NATIONAL UNION FIRE INS. v. BRAMBLE, INC.

Nos. 150, 151, Sept. Term, 2004.

879 A.2d 101 (2005)

388 Md. 195

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., et al. v. DAVID A. BRAMBLE, INC. National Union Fire Insurance Company of Pittsburgh, PA., et al. v. Wadsworth Golf Construction Company of the Midwest.

Court of Appeals of Maryland.

July 21, 2005.

Attorney(s) appearing for the Case

Robert M. Wright (Adam Cizek, Whiteford, Taylor & Preston L.L.P., Baltimore), on brief, for Petitioners.

Edward C. Gallagher, Wickwire Gavin, P.C., Vienna, VA, brief of Amici Curiae, The Surety Association of America and the American Insurance Association in Support of Appellants Urging Reversal of the Court of Special Appeals.

K. King Burnett (David B. Douse, Webb, Burnett, Cornbrooks, Wilber, Vorhis, Douse & Mason, LLP, Salisbury), on brief for Respondent in No. 150, Sept. Term, 2004.

Russell C. Dashiell, Jr. (Widdowson and Dashiell, P.A., Salisbury), on brief for Respondent in No. 151, Sept. Term, 2004.

Elyse L. Strickland, Greg R. Saber, Selzer, Gurvitch, Rabin & Obecny, Chtd., Bethesda, brief of the Amici Curiae, American Subcontractors Association, Inc., D.C. Metropolitan Subcontractors Association, Inc., and ASA of Baltimore, Inc.

Argued Before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

BATTAGLIA, Judge.

In the present case we are asked to determine the effect of a general contractor's payment bond surety's failure to fulfill a contractual provision requiring it to answer a subcontractor's payment claim within 45 days after receiving that claim. We determine that the language of the payment bond requires the sureties to delineate those portions of the claim that they intend to dispute within the 45-day period and that, under the language of the bond...

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