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VAUGHN EXCAVATING AND CONSTRUCTION, INC. v. P.S. COOK CO.

No. 98-114.

981 P.2d 485 (1999)

VAUGHN EXCAVATING AND CONSTRUCTION, INC., a Colorado corporation, d/b/a Vaughn Concrete Products, Inc., Appellant (Defendant/Third-Party Plaintiff), v. P.S. COOK COMPANY, Appellee (Plaintiff), and CNA Insurance Company; American Casualty Company; CNA Surety Companies and CNA-American Casualty, Appellees (Third-Party Defendants).

Supreme Court of Wyoming.

May 26, 1999.

Attorney(s) appearing for the Case

Don W. Riske of Riske & Arnold, Cheyenne, Wyoming, Representing Appellant.

Daniel E. White of Daniel E. White, P.C., Cheyenne, Wyoming, Representing Appellees.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.

TAYLOR, Justice, Retired.

At issue in this case is whether the prime contractor and its surety are liable under a public works bond for interest, penalties and attorney's fees owed by the subcontractor to his supplier. The district court granted summary judgment to the prime contractor and the surety, finding that the statutory obligations on the bond did not include benefits on a contract to which the prime contractor was not a party. We affirm.

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