WICHITA SHEET METAL SUP. v. DAHLSTROM & FERRELL CONSTR.

Nos. 63,073, 63,389

246 Kan. 557 (1990)

792 P.2d 1043

WICHITA SHEET METAL SUPPLY, INC., Appellant, v. DAHLSTROM AND FERRELL CONSTRUCTION CO., INC., and THE UNITED STATES FIDELITY & GUARANTY COMPANY, Appellees. AIR MOVING EQUIPMENT, INC., Appellant, v. THE UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 25, 1990.


Attorney(s) appearing for the Case

Michelle Hostetler, of Martin, Churchill, Overman, Hill & Cole, Chartered, of Wichita, argued the cause, and William M. Kehr, of the same firm, was on the briefs for appellant Wichita Sheet Metal Supply, Inc.

Edward Stephens, of Leavenworth, argued the cause and was on the brief for appellant Air Moving Equipment, Inc.

Jeffrey B. Rosen, of Kansas City, Missouri, argued the cause, and Bruce W. Beye, of Polsinelli, White, Vardeman & Shalton, a Professional Corporation, of Overland Park, was with him on the brief for appellees Dahlstrom & Ferrell Construction Co., Inc., and United States Fidelity and Guaranty Co.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, was on the brief for amicus curiae The Associated General Contractors of Kansas, Inc.


The opinion of the court was delivered by

McFARLAND, J.:

In this consolidated appeal, two suppliers of materials to a second tier or "sub-subcontractor" seek to recover against the general contractor's public works bond issued pursuant to K.S.A. 60-1111. The trial court entered summary judgment in favor of the general contractor and the issuer of the bond on the basis that a K.S.A. 60-1111 public works bond afforded no protection to the suppliers herein. The...

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