Consolidated Concrete Co. v. Empire West Construction Co.

SCOGGIN, Justice Pro Tem.

On June 11, 1975, defendant-appellant Tekton, Incorporated, a Utah Corporation (hereafter contractor) entered into a contract with the State of Idaho for the construction of a building at Boise State University. Pursuant to I.C. § 54-1926, the contractor and its surety, defendant-appellant Employers Mutual Liability Insurance Company of Wisconsin, filed their bond guaranteeing payment to all laborers and suppliers of the project.

The contractor, on June 27, 1975, entered into a subcontract with Empire West Construction Company, an Idaho corporation, for all concrete…