City of Portland Ex Rel. Donohue & Fleskes Corp. v. Hoffman Construction Co.

These two actions, consolidated for trial and on appeal, arise out of the construction of the City of Portland’s secondary sewage treatment facilities. Hoffman Construction Company (Hoffman) was the general contractor on the project. Seaboard Surety Company (Seaboard) is its surety. Donohue & Fleskes Corporation (Donohue) was a subcontractor hired by Hoffman to perform mechanical, piping, and equipment work on the project. Argonaut Insurance Company (Argonaut) is its surety. The City of Portland (City) is a party because Seaboard executed a public performance bond to assure the City of…