Gearhart v. Pierce Enterprises, Inc.

Respectfully, I dissent.

Respondent sued appellants, a contractor and his surety, for damages. Appellants retained the same counsel to defend the suit. Respondent requested that the contractor answer interrogatories. Almost a year passed, during which time the district court ordered the contractor to answer the interrogatories, extended the time to answer, and finally when the interrogatories remained unanswered, entered default judgment against appellants.

I would hold that a surety’s liability on a construction contract is generally coextensive with that of its principal where, as here, the…