Van Dusen v. G. S. Shima Contracting, Inc.

*262OPINION OF THE COURT BY

BURNS, C.J.

Plaintiffs Robert J. and Lana N. Van Dusen (Van Dusens) appeal the summary judgment entered in favor of Mid-Pac Lumber Co., Ltd. (Mid-Pac). The lower court held as a matter of law that Mid-Pac’s bond does not cover the Van Dusens’ alleged damages. We reverse.

Viewed most favorably to the Van Dusens, the facts are as follows. By Construction Contract (contract) dated July 22, 1975, G. S. Shima Contracting, Inc. (Shima) agreed for $50,712.60 to build the Van Dusens a new residence on property identified by Tax Map Key No. 4-5-22-39 and located in Kaneohe,…