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SLOAN CONST. v. SOUTHCO GRASSING

No. 26462.

377 S.C. 108 (2008)

659 S.E.2d 158

SLOAN CONSTRUCTION COMPANY, INC., Petitioner, v. SOUTHCO GRASSING, INC., Wanda Surrett, South Carolina Department of Transportation, and Greer State Bank, Defendants, of whom South Carolina Department of Transportation is, Respondent.

Supreme Court of South Carolina.

Decided March 24, 2008.

Attorney(s) appearing for the Case

T.S. Stern, Jr., of Covington Patrick Hagins Stern & Lewis, of Greenville, for Petitioner.

Beacham O. Brooker, Jr., of South Carolina Department of Transportation, of Columbia, for Respondent.

Charles H. McDonald and Daniel T. Brailsford, both of Robinson, McFadden & Moore, of Columbia, for Amicus Curiae American Subcontractors Association of the Carolinas.

L. Franklin Elmore, of Elmore & Wall, of Greenville, for Amicus Curiae Carolinas Associated General Contractors.

Chief Justice TOAL:

A subcontractor working on a state highway maintenance project brought negligence and breach of contract claims against the South Carolina Department of Transportation (SCDOT) for allegedly failing to comply with statutory bond requirements for contractors working on public projects. The trial court dismissed the subcontractor's claims finding that the bond statutes did not give rise to a private right of action against SCDOT and the court of appeals...

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