Naylor Pipe Co. v. Murray Walter, Inc.

This is a public works construction bond case (RSA 447:16 (Supp. 1979)) in which a subcontractor’s supplier is seeking to obtain the benefit of the general contractor’s bond. RSA 447:17. The dispositive question raised in this appeal is whether RSA 447:16, :17 require the general contractor’s surety to pay the subcontractor’s supplier for materials used in a public works project where the general contractor had paid all sums due the subcontractor but because of the subcontractor’s bankruptcy the supplier was never paid. We hold that the supplier may recover under the public works construction…