Elkins Manor Associates, a limited partnership, and Elkins Manor, Inc., a corporation v. Eleanor Concrete Works, Inc., a corporation v. United States Fidelity and Guaranty Company v. Lawrence D. Butcher, No. 19272 (W. Va. July 25, 1990) (Miller, J.): 183 W.Va. 501, 396 S.E.2d 463:
In a breach of contract action for delivery of delayed and defective building components, where the supplier's surety sought to avoid liability on the ground that the builder failed to provide proper notice of default, the Court held that an owner's failure to give notice to the surety of the principal's default does not discharge the surety unless the bond specifically provides for such notice.