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SAFETY SIGNS, LLC v. NILES-WIESE CONST. CO.

No. A12-0370.

840 N.W.2d 34 (2013)

SAFETY SIGNS, LLC, Appellant, v. NILES-WIESE CONSTRUCTION CO., Inc., Defendant, Westfield Insurance Co., Respondent.

Supreme Court of Minnesota.

December 4, 2013.

Attorney(s) appearing for the Case

Gregory T. Spalj , Kristine Kroenke , Fabyanske, Westra, Hart & Thomson, P.A., Minneapolis, MN, for appellant.

David D. Hammargren , Jason C. Tarasek , Hammargren & Meyer, P.A., Bloomington, MN, for respondent.

Matthew D. Resch , Wagner, Falconer & Judd, Ltd., Minneapolis, MN; and Eric B. Travers , Kegler, Brown, Hill & Ritter, LPA, Columbus, OH, for amicus curiae American Subcontractors Association, Inc.

OPINION

WRIGHT, Justice.

The principal dispute in this case is whether a subcontractor gave proper notice of a payment-bond claim under Minn. Stat. § 574.31, subd. 2(a) (2012). Appellant Safety Signs, LLC, was a subcontractor on a public project. Safety Signs brought suit against general contractor Niles-Wiese Construction Company and respondent-surety Westfield Insurance Company, seeking to recover money owed under the subcontract. It is undisputed...

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