Western Asbestos Co. v. TGK Const. Co., Inc.

CAMERON, Chief Justice.

This is an appeal by the plaintiff Western Asbestos Company from an order granting a motion for summary judgment made by defendants T. G. K. Construction Company, Inc., and its surety Fireman’s Fund Insurance Company. We have jurisdiction of this appeal pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

We must answer only one question on appeal: Within the context of A.R.S. § 34-223(A), did appellant’s letter of 5 August 1976, with the attached invoices, constitute sufficient statutory notice to the prime contractor?

The facts considered in a light…