Rhea v. Marko Construction Co.

OPINION

HARBISON, Justice.

This action was brought by a subcontractor on a construction project against the general contractor and the surety on its performance bond. The general contractor, Marko Construction Company, was a partnership, and the other corporate parties, other than the surety, were partners in the firm. In the trial court there were other parties and other issues, including a claim of lien, but these are not involved in the present appeal.

The subcontractor, Leslie Rhea d/b/a Leslie Rhea’s Landscaping and Grading, entered into a formal subcontract with Marko Construction Company…