C.A. Oakes Construction Co. v. Ajax Paying Industries, Inc.

DANAHY, Acting Chief Judge.

In this appeal we review a final judgment in favor of a paving subcontractor against the general contractor’s surety who provided the payment and performance bond. We reverse because we find that the trial court erred in denying the surety leave to amend its pleadings prior to trial.

Appellee, Ajax Paving Industries [Ajax], was a sub-subcontractor for asphalt paving work on the parking lot of a construction project. Southwest Florida Paving, Inc. [Southwest] was the paving subcontractor to the general contractor, appellant C.A. Oakes Construction Company, Inc. [the…