Mountain Home School District No. 9 v. T.M.J. Builders, Inc.

Steele Hays, Justice.

This is a second appeal and our jurisdiction attaches pursuant to Ark. Sup. Ct. R. 1-2(a)(11). Additionally a question of the construction of Ark. Stat. Ann. § 14-114 (Repl. 1979) is involved. Ark. Sup. Ct. R. l-2(a)(3).

Mountain Home School District No. 9 (District) brought this suit against T.M.J. Builders, Inc. (T.M.J.), and American Insurance Company (American), appellees, to enforce a bid bond posted by T.M.J. for the construction of a junior high school at Mountain Home. American executed a surety bond accompanying the bid of T.M.J.

Prior to September 12,1985, the…