American Indemnity Co. v. Da-Col Paint Manufacturing Co.

GUITTARD, Justice.

This suit was brought against the surety on an original contractor’s bond by a mate-rialman who had supplied paint to a subcontractor on an apartment project. Our questions are: (1) whether the requirement of the Hardeman Act that notice be sent to the original contractor1 is rendered inapplicable by the sham-contractor statute2 in view of the jury’s finding that the owners could have effectively controlled the affairs of the original contractor through ownership of voting stock or otherwise, and (2) if such a notice is required, whether that requirement is satisfied by…