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FIVE STAR LODGING, INC. v. GEORGE CONST.

No. 2009-CA-000990-MR.

344 S.W.3d 119 (2010)

FIVE STAR LODGING, INC., Appellant, v. GEORGE CONSTRUCTION, LLC.; Cumberland Surety Insurance Co., Inc.; and Lyndon Property Insurance Company, Appellees.

Court of Appeals of Kentucky.

As Modified August 6, 2010.

Discretionary Review Denied by Supreme Court August 17, 2011.

Attorney(s) appearing for the Case

James M. Morris (argued), Lexington, KY, for appellant.

K. Brad Oakley (argued), John W. Hays , Lexington, KY, for appellees, Cumberland Surety Insurance Co., Inc. and Lyndon Property Insurance Company.

Before MOORE and THOMPSON, Judges; HENRY, Senior Judge.

OPINION

THOMPSON, Judge:

The issue presented is whether an action against a surety on a performance and payment bond was barred by a two-year time limitation contained in the bond. We agree with the trial court that the action was barred and affirm.

On August 5, 1999, Five Star Lodging, Inc., entered into a construction contract with George Construction, LLC, for the construction of a hotel in Scott County, Kentucky. Pursuant to the terms...

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