Brower Co. v. Noise Control of Seattle, Inc.

Barnett, J. †

This appeal involves an action brought by the plaintiff (appellant) on a building contract to collect the entire contract balance due, coupled with an action to foreclose the lien on the real property upon which the labor and materials were furnished in the performance of a subcontract. Also involved is an alternate action by the plaintiff to collect the amount earned under the subcontract against a performance and payment bond executed by the defendant (respondent) General Insurance Company of America (hereinafter referred to as General Insurance). An additional feature of this…