Elliot Construction Co. v. United States Fidelity & Guaranty Co.

COLE, Judge.

The issue in this case is the appropriate prescriptive period in a suit by a general contractor against his subcontractor. The facts are as follows:

Plaintiff, Elliot Construction Co., Inc., was principal contractor for a state construction project involving construction of a Community Education Center on the Baton Rouge campus of Southern University. Elliot subcontracted with Jackson Painting Company for certain painting and wall-covering work. Defendant, United States Fidelity and Guaranty Company (USF & G), as surety for Jackson Painting, issued a bond in the amount of…