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COLO. STRUCTURES, INC. v. INSURANCE CO. OF WEST

No. 30201-2-II.

106 P.3d 815 (2005)

COLORADO STRUCTURES, INC., a Colorado corporation, licensed to do business in Washington d/b/a CSI Constr. Company, Respondent/Cross-Appellant, v. INSURANCE COMPANY OF THE WEST, a California corporation, Star Insurance Company, a Michigan corporation, Action Excavating and Paving, Inc., an inactive Oregon corporation, and Marlowe Heinz, personally, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 2.

February 15, 2005.

Attorney(s) appearing for the Case

Joseph C. Calmes, Magnus Rune Andersson, c/o Hanson, Baker, Ludlow, Drumheller PS, Bellevue, WA, for Appellants/Cross-Respondent.

Nell Anne Oram, Tigard, OR, Jeffrey Kenneth Hanson, Yazbeck Cloran & Hanson LLC, Portland, OR, for Respondent/Cross-Appellant.

Ford Douglas Ruud, Seattle, WA, for Amicus Curiae Surety Assoc. of America.

MORGAN, A.C.J.

This case requires us to construe a subcontractor's performance bond. The main question is whether the surety's liability was conditioned on the obligee's having declared, before the principal substantially completed the work, that the principal was in default under the subcontract. The trial court answered no, and so do we. We affirm, except that we modify the trial court's award of attorney fees.

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