Industrial Coatings Co. v. Fidelity & Deposit Co. of Maryland

Industrial Coatings Company (Industrial Coatings), a supplier of materials to a public contractor, brought an action against its surety, Fidelity and Deposit Company of Maryland (Fidelity), to recover on a statutory bond. After concluding that a 3-year statute of limitation applied, the trial court granted Fidelity's motion for summary judgment, dismissed the claim as time barred, and awarded attorney fees pursuant to RCW 4.84.270. We reverse.

The pertinent facts are not in dispute. On July 16, 1986, Auburn School District 408 awarded a public works contract to Queen City Industries, Inc.…