STAR EQUIPMENT, LTD. v. STATE

No. 12-1378.

843 N.W.2d 446 (2014)

STAR EQUIPMENT, LTD., Appellant, v. STATE of Iowa, IOWA DEPARTMENT OF TRANSPORTATION, Appellee, and Manatt's, Inc. and Short's Concrete Cutting Co., Appellants.

Supreme Court of Iowa.

January 31, 2014.


Attorney(s) appearing for the Case

Stephen D. Marso of Whitfield & Eddy, P.L.C., Des Moines, for appellant Manatt's, Inc.

Steven P. DeVolder of The DeVolder Law Firm, Norwalk, for appellant Short's Concrete Cutting Co.

Timothy J. Van Vliet and David L. Wetsch of Wetsch, Abbott & Osborn, P.L.C., Des Moines, for appellant Star Equipment, Ltd.

Thomas J. Miller , Attorney General, and Noel C. Hindt , Assistant Attorney General, for appellee.


WATERMAN, Justice.

This appeal presents questions of first impression on the meaning and constitutionality of Iowa Code section 573.2 (2011). That statute governs subcontractors' remedies for unpaid work on public improvements when the state waives the performance bond for a general contractor that is a "Targeted Small Business" (TSB). Three subcontractors obtained default judgments against a TSB, which remain unsatisfied. The district court ruled that, in the absence...

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