HOINESS-LaBAR INS. v. JULIEN CONST. CO.

Nos. 86-268 to 86-271.

743 P.2d 1262 (1987)

HOINESS-LaBAR INSURANCE, a Montana corporation, Appellant (Third-Party Defendant), v. JULIEN CONSTRUCTION COMPANY, a Wyoming corporation, Appellee (Plaintiff), and Allied Fidelity Insurance Co., an Indiana corporation, Appellee (Defendant and Cross-Defendant), NIELSEN PLUMBING AND HEATING, INC., a Wyoming corporation, (Defendant, Cross-Complainant, and Third-Party Complainant). Allied Fidelity Insurance Co., an Indiana corporation, Appellant (Defendant and Cross-Defendant), v. JULIEN CONSTRUCTION COMPANY, a Wyoming corporation, Appellee (Plaintiff), and Hoiness-LaBar Insurance, a Montana corporation, Appellee (Third-Party Defendant), and Nielsen Plumbing and Heating, Inc., a Wyoming corporation, Appellee (Defendant, Cross-Complainant, and Third-Party Complainant). JULIEN CONSTRUCTION COMPANY, a Wyoming corporation, Appellant (Plaintiff), v. NIELSEN PLUMBING AND HEATING, INC., a Wyoming corporation, Appellee (Defendant, Cross-Complainant, and Third-Party Complainant), and Allied Fidelity Insurance Co., an Indiana corporation, Appellee (Defendant and Cross-Defendant), and Hoiness-LaBar Insurance, a Montana corporation, Appellee (Third-Party Defendant). NIELSEN PLUMBING AND HEATING, INC., a Wyoming corporation, Appellant (Defendant, Cross-Complainant, and Third-Party Complainant), v. JULIEN CONSTRUCTION COMPANY, a Wyoming corporation, Appellee (Plaintiff), and Allied Fidelity Insurance Co., an Indiana corporation, Appellee (Defendant and Cross-Defendant), and Hoiness-LaBar Insurance, a Montana corporation, Appellee (Third-Party Defendant).

Supreme Court of Wyoming.

October 8, 1987.


Attorney(s) appearing for the Case

Dan B. Riggs, and Robert W. Brown of Lonabaugh & Riggs, Sheridan, for Hoiness-LaBar Ins.

Charles G. Kepler of Simpson & Kepler, Cody, for Julien Const. Co.

Michael K. Shoumaker of Shoumaker and Murphy, Sheridan, for Allied Fidelity Ins. Co.

John O. Housel of Housel and Housel, Cody, for Nielsen Plumbing and Heating, Inc.

Before THOMAS, CARDINE, URBIGKIT, and MACY, JJ, and GUTHRIE, J., Retired.


URBIGKIT, Justice.

This opinion discusses bond-liability issues stemming from the subcontractor's default in the course of the restoration of the Park County Courthouse. The subcontractor was issued a performance bond, but not the requested payment bond. We will affirm in part, reverse in part, and remand.

FACTS

In 1984, Park County contracted with Julien Construction Company (Julien) to reconstruct and restore the old County Courthouse. Julien entered...

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