Camelot Excavating Co. v. St. Paul Fire & Marine Insurance

This is an action by a subcontractor against a surety for payment pursuant to a private labor and materials payment bond. On April 8, 1973, Priestly Contracting, Inc., the general contractor for a private construction project, and defendant surety signed the bond in question. Priestly Contracting thereafter subcontracted work to plaintiff. However, Priestly Contracting permanently ceased work on the construction project in April, 1974, leaving sums still owing to plaintiff.

Plaintiff filed a complaint against defendant surety on August 26, 1976. Defendant filed a motion for accelerated…