State Ex Rel. Town Concrete Pipe, Inc. v. Andersen

This- case is an attempt by the plaintiff, Town Concrete Pipe, to hold the defendant General Insurance Company, the surety on the bond of a joint venture performing a state construction project, for a debt owed plaintiff for materials furnished a subcontractor of the joint venture. The trial court, sitting without a jury, held for the surety and plaintiff appeals.

In 1969 the legislature amended the statute and provided that before an unpaid materialman of a subcontractor could recover from the general contractor or its surety, the materialman had to notify the general contractor within 90…