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BEST PAVING, INC. v. DECKER CONSTRUCTION COMPANY

Nos. 2 CA-CV 89-0209, 2 CA-CV 90-0007.

165 Ariz. 372 (1990)

798 P.2d 1381

BEST PAVING, INC., an Arizona corporation, Plaintiff/Appellant, v. DECKER CONSTRUCTION COMPANY, INC., an Arizona corporation; Aetna Casualty and Surety Company, a corporation; Lakeside Sportsclub, Ltd., an Arizona limited partnership, Defendants/Appellees. BEST PAVING, INC., an Arizona corporation, Plaintiff/Appellant, v. TASHMAN BUILDING CO., INC.; Aetna Casualty and Surety Company, a corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Petition and Cross-Petition for Review Denied October 23, 1990.

Attorney(s) appearing for the Case

Norman R. Freeman II, P.C. by Norman R. Freeman II, Tucson, for plaintiff/appellant.

Bury, Moeller, Humphrey & O'Meara by Marshall Humphrey III, Tucson, for defendants/appellees.

OPINION

LACAGNINA, Judge.

Best Paving, Inc., a subcontractor on a commercial contract, appeals from summary judgment in favor of two construction companies on its claims against their surety for nonpayment. Best argues that the provisions of A.R.S. § 32-1152(E) allow Best to make a claim against the license bonds issued to the construction companies in this case. We affirm.

For purposes of summary judgment, the following facts are undisputed....

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