Missouri Release of Performance Bonds Required

An interest case for consideration on the differences between performance bond versus a warranty bond:

"At issue here is a performance or completion bond, not a warranty bond. A performance bond protects obligee by obligating the surety to cover any extra costs obligee may incur to complete project if principal defaults." As to compliance issues, record supported award in Contractor's favor against Sub-Contractors, including costs of testing. Contract did not release Sub-Contractors from liability. Homeowners Association was not entitled to damages for repair, nor to attorney fees because it did not prevail.
Essex Contracting, Inc. and Federal Insurance Company, Appellants v. Jefferson County, Missouri, et al., Respondents, Patrick J. Acheson, et al., Intervenors/Respondents, J. H. Berra Paving Co., Inc., Respondent/Cross-Appellant, Boling Concrete Const., Inc., Respondent/Cross-Appellant. Missouri Court of Appeals Eastern District