Bob Eldridge Construction Co. v. Pioneer Materials, Inc.

The opinion of the court was delivered by

Herd, J.:

This is an action for recovery on bonds filed to discharge mechanics’ liens on property.

Bob Eldridge Construction Company, Inc., is a general contractor who was engaged in the construction of Peachtree Plaza Tower and Somerset Plaza Tower. These are highrise apartment buildings for the elderly in Haysville and Wichita.

The specifications for Peachtree and Somerset called for the use of one-half inch plain gypsum drywall (also known as “wallboard” or “sheetrock”) in the individual living units and fire-rated gypsum board and water-resistant…