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Law Libraries' NewsLog > Posts > Supreme Court Advance Release Opinion - 9/25/09
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9/25/2009
Paradigm Contract Management Co. v. St. Paul Fire & Marine Ins. Co. — SC18301 ("This case presents the narrow issue of whether any claim that may be asserted against a labor and material payment bond required by General Statutes (Rev. to 1995) § 49-411 must be asserted within the time limit provided in General Statutes (Rev. to 1995) § 49-42 (b). The plaintiff. . .brought this action against the defendant. . .seeking to enforce, pursuant to § 49-41, a labor and material payment bond that the defendant had executed in connection with a municipal construction project. The defendant filed a motion to dismiss the action on the ground that it was barred by the statute of limitations set forth in § 49-42 (b). The trial court granted the motion to dismiss. The plaintiff appeals from the judgment of the trial court, claiming that § 49-42 (b) does not apply to this action because the plaintiff had not brought the action pursuant to § 49-42 but, rather, had brought a common-law action on the bond, and the parties had entered into a tolling agreement whereby they had agreed to extend the statute of limitations.") |
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