Foss Lewis & Sons Construction Co. v. General Insurance Co. of America

ELLETT, Justice:

The defendant was surety for Skyline Construction Company, a prime contractor on a construction job for the State of Utah. The plaintiff was a subcontractor on that job. The bond of the surety provided that defendant would pay all debts of Skyline which Skyline did not pay.

The plaintiff sued on the bond for the unpaid balance due from Skyline and recovered judgment. The defendant appeals, contending that the action was not timely begun.

Our statute1 provides:

[I]f the claimant is a subcontractor of the contractor, no such suit shall be commenced after the expiration of one year…