Evco Sound & Electronics, Inc. v. Seaboard Surety Co.

EISMANN, Chief Justice.

This is an appeal from a judgment holding a surety liable for sums owed to a sub-subcontractor under a payment bond issued pursuant to Idaho Code § 54-1927. The surety contends that there was insufficient evidence to find that the subcontractor and sub-subcontractor had entered into an express contract and that the district court erred in holding that the sub-subcontractor gave timely written notice of its claim under the bond and timely filed this lawsuit. We affirm the judgment of the district court and award the sub-subcontractor attorney fees on appeal.

I. FACTS AND…