FIDELITY AND DEPOSIT CO. OF MARYLAND, Appellant-Defendant,
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION LOCAL UNION NO. 20, SHEET METAL WORKERS LOCAL NO. 20 WELFARE AND BENEFIT FUND, SHEET METAL WORKERS LOCAL NO. 20 INDIANAPOLIS AREA PENSION FUND, SHEET METAL WORKERS LOCAL NO. 20 DEFINED CONTRIBUTION PENSION PLAN, SHEET METAL WORKERS' NATIONAL STABILIZATION AGREEMENT OF THE SHEET METAL INDUSTRY TRUST FUND, Appellee-Plaintiff
Decided March 3, 2014
These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE BARTHOLOMEW COUNTY SUPERIOR COURT. The Honorable Kathleen Coriden, Judge. Cause No. 03D02-1112-PL-006385.
ATTORNEYS FOR APPELLANT: ZACHARY J. EICHEL, MICHAEL L. EINTERZ, Einterz & Einterz, Zionsville, Indiana.
ATTORNEY FOR APPELLEE: NEIL E. GATH, Fillenwarth Dennerline Groth & Towe, Indianapolis, Indiana.
MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.
MEMORANDUM DECISION -- NOT FOR PUBLICATION
Fidelity and Deposit Co. of Maryland (" Fidelity" ) appeals from the Bartholomew Superior Court's grant of a motion for summary judgment in favor of the Sheet Metal Workers' International Association Local Union No. 20 et al. (" the Union" ). Fidelity argues that the trial court erred when it determined that the Union was entitled to recover, under a payment bond, unpaid fringe benefit contributions and wage deductions for work performed on a public works project.
Facts and Procedural History
On December 14, 2009, Bartholomew Consolidated School Corporation (" the School Corporation" ) entered into a contract with general contractor Bruns-Gutzwiller, Inc. (" Bruns-Gutzwiller" ) to perform renovations on Columbus North High School. As required by Indiana law, Bruns-Gutzwiller provided to the School Corporation a Labor and Material Payment Bond (" the payment bond" ) for $21,500,000, the total cost of the renovation project. The payment bond was issued by Fidelity and defined an eligible claimant under the bond as " one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract." Appellant's App. p. 15.
On February 24, 2010, Bruns-Gutzwiller entered into a contract with subcontractor ProClad, Inc. (" ProClad" ). Under the contract, ProClad was to provide labor and materials for the renovation project. On November 8, 2010, ProClad entered into a contract with Trademark Roofing and Sheet Metal, Inc. (" Trademark" ) in which Trademark agreed to provide labor to install materials provided by ProClad. Trademark was a party to a collective bargaining agreement with the Union. The bargaining agreement required Trademark to contribute certain fringe benefits to various benefit funds on behalf of its employee for hours ...