ISSC, Inc. v. Baugh Skanska Inc., 160 Fed. Appx 628, 2005 WL 3525628 (C.A.9 2005)

Outcome: Client prevailed in part and lost in part

Description: On a Fort Lewis Military Barracks construction project, the steel fabrication contractor went out of business and failed to pay its supplier. A claim was made by the supplier against the general contractor's bond. The supplier had signed progress payment releases, but nevertheless asserted a claim against the general contractor for non-payment. On appeal, the court held that the supplier was due payment, the release notwithstanding, but reduced the amount of payment due the supplier.