Spetz & Berg, Inc. v. Luckie Const. Co., Inc.

OPINION

WOZNIAK, Judge.

This is an appeal from a judgment dismissing Appellant Spetz & Berg, Inc.’s claim against Respondent Balboa Insurance Company, as a surety, for unpaid labor and materials provided as a subcontractor in the improvement of public property. The sole issue on appeal is whether Spetz & Berg was required to comply strictly with the notice of claim requirements of Minn. Stat. § 574.31 (1929) as a condition precedent to the maintenance of its action against Balboa. We affirm.

FACTS

The Minneapolis Community Development Agency (“MCDA”) contracted with defendant Luckie Construction…