C & I STEEL, LLC v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

No. 06-P-851.

70 Mass. App. Ct. 653 (2007)

C & I STEEL, LLC v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.

Appeals Court of Massachusetts, Middlesex.

November 6, 2007.


Attorney(s) appearing for the Case

Bradford R. Carver for the defendant.

Rory FitzPatrick (Mark E. Haddad with him) for the plaintiff.

John P. Connelly & Terri L. Pastori, for Surety & Fidelity Association of America, amicus curiae, submitted a brief.

Present: GRASSO, BROWN, & McHUGH, JJ.


McHUGH, J.

Travelers Casualty and Surety Company of America (Travelers), the surety on a construction payment bond, appeals from a judgment entered after a Superior Court judge confirmed an arbitration award. In confirming the award, the judge ordered entry of judgment against Travelers and Peabody Construction Company, Inc. (Peabody), Travelers' principal, both for contract and for punitive damages. Travelers contends that it was not a party to the arbitration and...

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