State v. Smith & Smith Excavation, Inc.

Plaintiff Robert Warren Trucking, LLC (Warren) provided rock-hauling services in connection with a construction project for the Port of Tillamook Bay (the Port), but did not receive full payment for those services. That led to this case, in which Warren seeks to collect the unpaid amounts from two payment bonds associated with the Port project. The trial court found in Warren’s favor on those bond claims and defendants Smith & Smith Excavation, Inc. (Smith), Skanska USA, Inc. (Skanska), Fidelity and Deposit Company of Maryland, Inc. (Fidelity), and North American Specialty Insurance, Co.…