Arc Electric Co. v. Esslinger-Lefler, Inc.

OPINION

HATHAWAY, Judge.

Appellant (subcontractor) brought a breach of contract action for approximately $31,000 against, inter alia, appellees DEF-CO (contractor) and Leatherby Insurance Company (surety), which provided a Labor and Material Payment Bond. The trial court dismissed the claim against surety and awarded approximately $3,400 on the claim against contractor. Subcontractor appeals.

Contractor accepted subcontractor’s bid of $117,000 to do electrical construction. Subcontractor completed this work and contractor paid him $117,000. During construction, the contractor requested that…