Monday, September 15, 2014
ALLIED BUILDING PRODUCTS CORP. VS. J. STROBER & SONS,LLC, ET AL. A-1113-12T4
ALLIED BUILDING PRODUCTS CORP. VS. J. STROBER & SONS,LLC, ET AL.
This is a suit on a surety bond. Dobco, Inc. (Dobco) appeals from a final judgment denying its motion for partial summary judgment against Colonial Surety Company (Colonial), surety for J. Strober & Sons, LLC (Strober), Dobco's subcontractor, and granting Colonial's motion for summary judgment dismissing Dobco's claims against Colonial. The Law Division dismissed Dobco's claims against Colonial under the bond on the ground that the bond did not name Dobco as the obligee and because Dobco had rejected the bond as not in the form required by its subcontract with Strober. We deem neither of those facts material because we conclude that in entering into its surety contract with Strober, Colonial obligated itself to issue a performance bond to Dobco in the form annexed to the Dobco/Strober subcontract. Accordingly, we reverse.