Travelers Casualty & Surety Company of America; Bcc Construction, LLC D/b/a Boyd Corley Construction — Hart, J…

Summary

Justice Hart, joined by Justice Baker, dissented from the majority's conclusion that Travelers was not liable after BCC was found not liable. The dissent reasoned that the lien-release bond replaced the materialman's lien, independently subjected Travelers to suit, and remained enforceable because BCC had not paid the jury's award. It also concluded that Travelers waived its directed-verdict challenge by presenting evidence and that substantial evidence supported the verdict against Travelers.