Spartan Mechanical, Inc. v. St. Paul Fire & Marine Insurance Co.

OPINION

LANSING, Judge.

Spartan Mechanical, Inc., subcontracted to do mechanical work in the renovation of two Minneapolis schools and brought this action against St. Paul Fire & Marine Insurance Company to recover on the surety bond issued by St. Paul Fire & Marine to the general contractor of the projects. At the close of Spartan’s case-in-chief and again at the conclusion of the trial, St. Paul Fire & Marine moved to dismiss Spartan’s claim on the ground that Spartan had failed to comply with the notice requirements of Minn. Stat. § 574.31 (1984). The trial court ordered judgment dismissing…