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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relwsec0591 and id is 1 raw text is: 





                                      SECURITY



                                  DIVISION II.   SURETYSHIP

                  CHAPTER 3. NATURE AND CREATION OF SURETYSHIP

§ 82. Suretyship Defined

C.A.Fed.2019.  Quot. in conc. op. After contractor appealed the U.S. Army Corps of Engineers'
determination that contractor had defaulted on its contract with the Corps, contractor's surety filed a
motion to intervene, alleging that the surety agreement assigned contractor's claims under the contract
with the Corps to surety. The board of appeals denied surety's motion to intervene. This court affirmed,
holding that surety lacked standing, because, under the federal rules of civil procedure, surety could not
have initiated the complaint against the Corps on its own, because it lacked privity with the government.
Citing Restatement of Security § 82 and Restatement Third of Suretyship & Guaranty § 1, the
concurrence argued that surety was in privity with the government, because, under the surety agreement,
surety undertook contractor's obligation to perform contractual duties and obligations in the event of
default. Guarantee Company of North America, USA  v. Ikhana, LLC, 941 F.3d 1140, 1147.


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