Gernatt Asphalt Products, Inc. v. Bensal Construction, Inc.

Doerr and Denman, JJ. (dissenting).

We disagree with the majority insofar as they would deny plaintiffs and third-party and interpleaded defendants the right to recover under the payment bond issued to Myers by Aetna Casualty *994and Surety Company. The payment bond guarantees payment of all “lawful” claims “of the subcontractors, materialmen, laborers, persons, firms or corporations for labor performed or materials, provisions * * * used or consumed in the carrying forward, performing or completing of said [c]ontract”. We do not view this broad language as limiting protection under the payment…