Preussag International Steel Corp. v. March-Westin Co.

STARCHER, J.:

In the instant case we hold that a bond posted to guarantee the payment of those who provide labor and materials for a public building construction project is available to pay a company that provided the raw steel used by another company to custom-fabricate the steel structure of the building.

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Facts & Background

Pursuant to W.Va.Code, 51-1A-3 [1996] (the “Uniform Certification of Questions of Law Act”), the United States District Court for the Northern District of West Virginia has certified a question of law to the Supreme Court of Appeals of West Virginia. We quote from the…