KENNEDY, J., delivered the opinion of the court, in which COOK, J., joined.
GRIFFIN, J. (pp. 673-677), delivered a separate opinion concurring in part and dissenting in part.
OPINION
KENNEDY, Circuit Judge.
Lexicon Inc. (Lexicon), a sub-contractor of Icon, Inc. (Icon), seeks recovery of self-styled "delay and impact claims" from Safeco Insurance Co. of America, Inc. (Safeco), the surety of Icon, under a labor and material payment bond. The...
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