Balboa Insurance v. Alpha Electric Supply, Inc.

ERVIN, Judge.

We agree with the surety, Balboa Insurance Company,, that Alpha Electric Supply, Inc., a supplier to an electrical sub-contractor on a construction project, did not meet all conditions precedent stated in the bond which it sued upon and therefore the lower court’s entry of summary judgment in favor of the supplier was error.

*392Alpha’s compláint specifically alleged that it had complied with all conditions of the bond. It attached to its complaint a labor and material payment bond which, among other things, prohibited a claimant from bringing suit unless the claimant gave written…