Washington International Insurance v. Superior Court

Opinion

CROSKEY, J.

Washington International Insurance Company, Inc. (Washington) seeks review of an order denying its motion to strike portions of the first amended complaint of G. K. Backlund, Inc. (Backlund), a subcontractor. The purpose of its motion to strike was to delete Backlund’s claim that Washington, as the surety on a public works payment bond, was liable for certain sums which Green Coast, the contractor, had failed to pay to Backlund. These sums represented a statutory “interest penalty,” imposed pursuant to Public Contract Code section 10262.5, which Green Coast was required to…