Wichita Sheet Metal Supply, Inc. v. Dahlstrom & Ferrell Construction Co.

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 suppliers appealed. The Court of Appeals reversed the trial court, holding that the suppliers were not so remote as to be precluded from…