Wells-Stewart Construction Co. v. Martin Marietta Corp.

McFARLAND, Chief Justice:

Defendant-appellant Wells-Stewart Construction Co., Inc., hereinafter referred to> as Wells, contracted with the State of Arizona to construct certain federal-aid highway projects near Navajo, Arizona. In order for a bid to be considered it had to-be accompanied by a performance bond prepared by the Arizona Highway Commission, hereinafter referred to as the Commission. The projects included the installation of guard-rails on certain curves. That part of the job was subcontracted to Arizona Petroleum and Asphalt Company,, hereinafter referred to as Arizona Pete. When…