City of the Dalles Ex Rel. Taylor Electric Supply Inc. v. D'Lectric Co.

Plaintiff Taylor Electric Supply, Inc., furnished materials to defendant D’Lectric Company, the electrical subcontractor for the City of The Dalles’ Mid-Columbia Senior Center construction project. D’Lectric did not pay plaintiff in full, and plaintiff brought this action, pursuant to ORS 279.526 et seq, on the prime contractor’s bond issued by defendant Fairmont Insurance. The case was tried to the court, which held that plaintiff was not entitled to recover. It appeals, and we reverse.

We quote the relevant facts from the trial court’s opinion letter:

“The City of The Dalles employed Trimble…