Vaughn Excavating & Construction, Inc. v. P.S. Cook Co.

TAYLOR, Justice, Retired.

At issue in this case is whether the prime contractor and its surety are liable under a public works bond for interest, penalties and attorney’s fees owed by the subcontractor to his supplier. The district court granted summary judgment to the prime contractor and the surety, finding that the statutory obligations on the bond did not include benefits on a contract to which the prime contractor was not a party. We affirm.

I. ISSUES

Appellant, Vaughn Excavating and Construction, Inc. (Vaughn), the supplier, presents a single issue for review:

Whether a bond claimant is…