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FLORI CORP. v. YELLOW ROSE DEVELOPMENT

No. 2 CA-CV 95-0046.

184 Ariz. 540 (1995)

911 P.2d 546

FLORI CORPORATION, an Arizona corporation, dba Turf Irrigation & Water Works Supply; et al., Plaintiffs/Appellants, v. YELLOW ROSE DEVELOPMENT & CONSTRUCTION, INC., an Arizona corporation, and the City of Tucson, a municipal corporation of the State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied February 21, 1996.

Attorney(s) appearing for the Case

Kevin John Witasick & Associates by Kevin John Witasick and William C. Knoche, Phoenix, for plaintiffs/appellants.

Gabroy, Rollman & Bosse by Richard M. Rollman and Richard A. Brown, Tucson, for defendants/appellees.

OPINION

LIVERMORE, Presiding Judge.

Defendant City of Tucson contracted with defendant Yellow Rose Development & Construction, Inc., for certain improvements on Speedway Boulevard. Yellow Rose posted payment and performance bonds, obtained from Pacific States Casualty Co., pursuant to A.R.S. § 34-222. In mid-April 1993, one of Yellow Rose's subcontractors notified Tucson that it had not been paid, and also reported that another subcontractor...

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