Varner Construction Co. v. Mid-South Specialties, Inc.

OPINION

BROCK, Justice.

This is an action to recover upon a contractor’s bond conditioned to pay for labor and materials furnished in the performance of a contract to construct a fire station for the City of Memphis. We must determine which statute of limitations is applicable and whether or not the suit is barred.

Defendant, Varner Construction Company, was the general contractor and executed the bond in question as required by T.C.A. § 12-417. The plaintiff, Mid-South Specialties, a remote subcontractor, furnished labor and materials to Southwest Roofing and Supply, Inc., a subcontractor, for…