Tipton & Young Construction Co. v. Blue Ridge Structure Co.

LEWIS, Judge.

On 2 February 1988 plaintiff Tipton & Young Construction.Company, Incorporated (hereinafter “Tipton”) agreed to work as a subcontractor for a Department of Transportation project in Madison County. Defendant Blue Ridge Structure Company (hereinafter “Blue Ridge”) was the general contractor, and defendant Balboa Insurance Company (hereinafter “Balboa”) was the surety on the contract. Tipton completed its work in June 1988, and the entire project was completed in January 1989. After completing its work, Tipton experienced difficulties collecting its payment.

On 30 May 1991 Tipton…