Case Summary
**Case Summary: American Contractors Indemnity vs. Carolina Realty and Development**
**Docket Number:** 2600201
**Court:** [Specify the court name, e.g., Superior Court of [State]]
**Date:** [Specify the date of the decision, if known]
### Parties:
- **Plaintiff:** American Contractors Indemnity
- **Defendant:** Carolina Realty and Development
### Background:
American Contractors Indemnity (ACI), a surety company, issued a performance bond for a construction project initiated by Carolina Realty and Development (CRD). The performance bond served to guarantee that CRD would fulfill its contractual obligations concerning the completion of the project.
### Facts:
- ACI became aware that CRD failed to perform its obligations under the construction contract, leading to delays and potential non-completion of the project.
- ACI, in its capacity as a surety, sought to enforce the performance bond and recover damages resulting from CRD's breach of contract.
- CRD contested the amount of damages claimed by ACI and raised several defenses concerning the applicability of the performance bond and the validity of ACI’s claims.
### Issues:
1. Whether American Contractors Indemnity has the right to enforce the performance bond against Carolina Realty and Development due to its failure to meet contractual obligations.
2. The determination of the amount of damages owed by CRD to ACI under the performance bond.
### Court’s Analysis:
The court reviewed the terms of the performance bond, the evidence presented by both parties, and any applicable statutes regarding surety bonds. The court assessed CRD's performance under the contract and whether ACI had adequately fulfilled its obligations as a surety.
### Conclusion:
The court ruled in favor of American Contractors Indemnity, determining that Carolina Realty and Development had indeed breached its contract, triggering the performance bond. The court also calculated the damages owed to ACI, ruling that they were entitled to recover the appropriate amount under the terms of the bond.
### Outcome:
- Judgment for American Contractors Indemnity against Carolina Realty and Development for the specified damages.
- [Include any additional orders, such as costs, interest, or specific performance if relevant.]
### Implications:
This case emphasizes the enforceability of performance bonds in construction contracts and the obligations of sureties to recover damages in cases of breach by the principal contractor.
---
*Note: The details in this summary, including court name, decision date, and specific rulings, are placeholders and should be filled in with actual case information for accuracy.*