Dealers Electrical Supply Co. v. Scoggins Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that McGregor Act provides “mandatory and exclusive remedy against a surety and obligor on a public-work payment bond” issued under the Act
• stating that conflicting statutory provisions 9 must be construed to give effect to both if at all possible
• holding McGregor Act’s overarching purpose is “to protect unpaid laborers and materialmen by providing them an additional funding source—a payment bond—in the event the prime contractor fails to meet its obligations”
• noting payment-bond beneficiary who has not been paid may sue principal or surety, jointly or severally, on payment bond
• “But abrogation of common-law rights is disfavored, and absent clear legislative intent we have declined to construe statutes to deprive citizens of common-law rights.”
• “[C]ourts may not look back to the former text of a statute that has been nonsubstantively re-codified if the current text is direct and unambiguous.”

Source: CourtListener parenthetical corpus (CC0).