Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Giese Sheet Metal Co., Inc. v. Prairie Construction Co., Inc.

Court of Appeal of Iowa

August 21, 2013

GIESE SHEET METAL CO., INC., Plaintiff-Appellant,
v.
PRAIRIE CONSTRUCTION CO., INC., UNITED FIRE & CASUALTY COMPANY, and THE UNION COMMUNITY SCHOOL DISTRICT, Defendants-Appellees.

Appeal from the Iowa District Court for Tama County, Stephen B. Jackson Jr., Judge.

A subcontractor appeals the ruling of the district court entering summary judgment in favor of the defendants.

Stephen J. Juergens and P. Christopher Williams of Fuerste, Carew, Juergens & Sudmeier, P.C., Dubuque, for appellant.

Mark S. Rolinger and Brandon J. Gray of Redfern, Mason, Larson & Moore, P.L.C., Cedar Falls, for appellees Prairie Construction Co., Inc., and United Fire & Casualty Company.

Natalie Burris of Swisher and Cohrt, P.L.C., Waterloo, for appellee The Union Community School District.

Considered by Eisenhauer, C.J., and Vaitheswaran and Doyle, JJ.

DOYLE, J.

A subcontractor on an elementary school renovation project appeals from the district courts entry of summary judgment in favor of the general contractor, surety, and public corporation on its claim for unpaid labor and materials against the projects Iowa Code chapter 573 (2011) bond. We affirm.

I. Background Facts and Proceedings

For purposes of our review of this summary judgment ruling, we find the relevant undisputed facts to be as follows.

In 2009, the Union Community School District (District) hired Prairie Construction Company, Inc. (Prairie) as its general contractor for a public improvement project at two elementary schools. Pursuant to the contract, Prairie purchased from United Fire & Casualty Company (United) an Iowa Code chapter 573 public improvement bond for the project.[1] The first three pages of the bond document were entitled "Performance Bond, " and the next three pages were entitled "Payment Bond." Specifically, in regard to payment, page five included the following provision: "The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference."

Prairie contracted with R & S Plumbing, Inc. (R & S) to provide certain services as a subcontractor. R & S, in turn, contracted with Giese Sheet Metal Company, Inc. (Giese) to provide labor and materials as a subcontractor. Giese performed under the contract from December 2009 through June 2010, and submitted various applications for payment to R & S for the labor and materials it provided during that time. Although Prairie paid R & S in full pursuant to the subcontract, R & S failed to pay Giese.

On March 21, 2011, the District voted to accept final completion of the project.

On August 10, 2011, Giese filed an action against Prairie and United seeking recovery under the bond in the amount of $74, 472.39, the "total outstanding balance" owed to it by R & S. Giese subsequently filed two amended petitions, adding the District as a defendant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.