Dover & Co. v. United Pacific Insurance

Plaintiff, a subcontractor, agreed to furnish labor and materials to the principal contractor in completing a construction contract with the State Highway Department. In ac*729cordance with state law the principal contractor obtained a surety bond from the defendant.1

Plaintiff brought this suit against defendant-surety to recover the unpaid balance on the contract between plaintiff and its defaulting principal contractor. One of the controversies at the trial level concerned the effect of plaintiff’s failure to serve notice upon the State Highway Department within a statutorily-required 60-day…