Western Coating, Inc. v. Gibbons & Reed Co.

HOWE, Associate Chief Justice:

Plaintiff Western Coating, Inc., a third-tier supplier in a public contract, appeals from a summary judgment in favor of the general contractor, Gibbons and Reed Company, in this suit to determine the coverage of a payment bond.

The Utah Department of Transportation contracted with defendant Gibbons and Reed Company to construct a public road. Gibbons and Reed obtained a payment bond from its surety, American Insurance Company, in accordance with Utah Code Ann. § 63-56-38 (Supp.1985). Gibbons and Reed subcontracted with Pacheco & Martinez for the installation of…