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COLORADO STRUCTURES, INC. v. INSURANCE CO. OF THE WEST

No. 76973-7.

167 P.3d 1125 (2007)

COLORADO STRUCTURES, INC., a Colorado corporation, licensed to do business in Washington d/b/a CSI Construction Company, Respondent, v. INSURANCE COMPANY OF THE WEST, a California corporation; Star Insurance Company, a Michigan corporation; Action Excavating and Paving, Inc., an inactive Oregon corporation; and Marlowe Heinz, personally, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 20, 2007.

Attorney(s) appearing for the Case

Joseph C. Calmes, Magnus Rune Andersson, Hanson Baker Ludlow Drumheller PS, Bellevue, WA, for Petitioners.

Jeffrey Kenneth Hanson, Yazbeck Cloran & Hanson LLC, Portland, OR, Nell Anne Oram, Attorney at Law, Tigard, OR, Joseph A Yazbeck Jr., Attorney at Law, Portland, OR, for Respondent.

Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, WA, Amicus Curiae on behalf of The Surety Association of America.

CHAMBERS, J.

¶ 1 Colorado Structures, Inc. (Structures) contracted with Wal-Mart to build a store in Vancouver, Washington. Structures subcontracted1 with Action Excavating and Paving, Inc. (Action) to help build the sewer system for the Wal-Mart store. Insurance Company of the West, Inc. (West), acting as a surety, issued both a payment bond and a performance bond,2 the latter guaranteeing Action's sewer...

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