Primo Team, Inc. v. Blake Construction Co.

Primo Team, Inc. (Primo) appeals from judgments entered in favor of Aetna Casualty and Surety Company (Aetna), Blake Construction Co., Inc. (Blake), and Golden Eagle Insurance Company (Golden Eagle). The sole issue is whether Primo’s role in the construction of certain public works of improvement entitles it to pursue claims on the payment bonds issued in connection with such projects. The trial court entered summary judgments against Primo, concluding Primo’s role does not qualify it as an entitled claimant on the bonds. Primo appeals, asserting its claim was proper based on the contention it furnished labor and services to the work of improvement.

We conclude the trial court correctly ruled Primo was not entitled to collect on the payment bonds, because Primo’s services were rendered to a subcontractor rather than to the work of improvement. We therefore affirm.

I. Facts

The material facts are not in dispute. During 1988 certain “prime contracts” were issued to various contractors to build public works of improvement, and in connection therewith the prime contractors posted public work payment bonds. The prime contractors subsequently engaged subcontractor R.J. 1,…