Butch Randolph & Associates, Inc. v. International Fidelity Insurance

OPINION

LANKFORD, Presiding Judge.

¶ 1 A surety, International Fidelity Insurance Company, appeals a summary judgment in favor of a subcontractor, Butch Randolph & Associates, Inc. The issue on appeal is whether the subcontractor is disqualified from recovery of the value of materials against the surety’s construction payment bond because subcontractor is not a licensed contractor. We affirm the judgment for the subcontractor because it was not required to be licensed on these facts.

¶2 The facts are undisputed. Diamond Building Group, Inc., was the general contractor on a municipal park project…