Skilled Services Corp. v. Reliance Insurance Co.

McCarthy, TIMOTHY P„ Associate Judge.

The issue in this ease is whether the trial court erred in not allowing appellant to file an amended complaint. We find that the amended complaint should have been allowed and reverse.

Appellant was a sub-sub-contractor which provided a labor force to a subcontractor for the general contractor, ap-pellee Sterling Contractors, Inc. (Sterling).

Appellant originally filed a one count complaint against the general contractor and its surety under a public payment and performance bond. In its initial complaint, appellant asserted that it was a “laborer” and…