Rodgers v. Fidelity & Deposit Co. of Maryland

Citations

• 89 Wash. 316
• 154 P. 444
• 1916 Wash. LEXIS 687

Syllabus

<p>States — Public Works — Contractor’s Bond — Actions—Condition Precedent — Notice of Claim. Under Rem. & Bal. Code, § 1161, providing that no person shall have a right of action upon the bond of a contractor on public work unless he shall present and file the prescribed notice of claim, the notice of claim substantially in the form prescribed is a prerequisite to suit upon the bond of a contractor on state work.</p> <p>Same — Sufficiency of Notice. Rem. & Bal. Code, § 1161, requiring notice of claim against the bond of a contractor on public work to be in substance in a prescribed form, stating that he has a claim, “against the bond,” designating the amount, the names of principal and sureties, and describing the work, is not substantially complied with by a mere debit statement against the contractor for a balance due for labor and material furnished; since the sureties have a right to know what claims are being made against them by the filing of the required notice.</p>