Dow-Par, Inc. v. Lee Corp.

OPINION

RILEY, Judge.

Plaintiff-Appellant Dow-Par, Inc., appeals from a summary judgment in favor of Defendants-Appellees the Lee Corp., Construction Design of Indiana, Inc., and United States Fidelity and Guaranty Company.

We affirm.

ISSUES1

We address the following issues:

1. Does _ IND.CODE - 36-1-12-18.1 (19983) give a lessor of equipment to a subcontractor the right to assert a claim under a statutorily required payment bond?

2. Notwithstanding I.C. 86-1-12-18.1, does a lessor of equipment to a subcontractor have an actionable claim pursuant to the terms of the contractor's payment bond?

*152FACTS

In…