Action against Surety Time-Barred
In J & A Concrete Corp. v St. Paul Mercury Ins. Co. (N.Y. App., 1st Dept., Feb. 26, 2008), New York’s First Department holds that an action against a surety commenced more than one year after the contractor ceased work was time-barred. The labor and material bond limited the time to commence an action to one year following the date on which the contractor "ceased work." The court finds the term "ceased work" means "stopped performing labor,” and does not include the period in which the contractor may be called upon to finish its contract in the future.
