Hoiness-LaBar Insurance v. Julien Construction Co.

URBIGKIT, Justice.

This opinion discusses bond-liability issues stemming from the subcontractor’s default in the course of the restoration of the Park County Courthouse. The subcontractor was issued a performance bond, but not the requested payment bond. We will affirm in part, reverse in part, and remand.

FACTS

In 1984, Park County contracted with Julien Construction Company (Julien) to reconstruct and restore the old County Courthouse. Julien entered into a subcontract with Nielsen Plumbing and Heating, Inc. (Nielsen), the mechanical subcontractor. The form written subcontract provided that…