CREDIT GENERAL INS. CO. v. ATLAS ASPHALT, INC.

No. 90-273.

803 S.W.2d 903 (1991)

304 Ark. 522

CREDIT GENERAL INSURANCE COMPANY, Appellant, v. ATLAS ASPHALT, INC., Appellee.

Supreme Court of Arkansas.

February 18, 1991.


Attorney(s) appearing for the Case

Junius Bracy Cross, Jr., Little Rock, for appellant.

Bill H. Walmsley, Batesville, Lohnes T. Tiner, Donald F. Seay, Jonesboro, for appellee.


HAYS, Justice.

By this appeal we are asked to decide whether a supplier of construction materials is barred under Ark.Code Ann. § 18-44-508 (1987) from bringing suit under a performance bond where the suit is not filed within six months from the date an interim payment is made on the contract.

The City of Harrisburg contracted with KLW, Inc., the prime contractor, for street and sewer improvements. Asphalt paving was performed by Fields Curbco, Inc.,...

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