Marshall v. Van Gerven

OPINION

BENCH, Judge:

Brown & Elliott Construction Co., Inc. (B & E), and United Pacific Insurance Co. (United) appeal from a judgment against them arising from two construction contracts. Jack Van Gerven and J & M Construction Co., Inc. (hereafter referred to collectively as “J & M”) cross-appeal, seeking additional recovery. We reverse and remand.

FACTS

B & E was hired as the general contractor for the construction of a condominium project known as “The Ridge at Silver Lake” in Deer Valley, Utah. As required under the terms of their contract, B & E obtained a bond for the protection of laborers…