Tiffany Construction Co. v. Hancock & Kelley Construction Co.

OPINION

JACOBSON, Presiding Judge.

This appeal presents the interesting question of whether a supplier of materials should be classified as a materialman or a subcontractor.

This question arose out of two separate actions instituted by appellees-cross-appellants, Hancock and Kelley Construction Co. (Hancock & Kelley) and Diversified Petroleum Products, Inc. (Diversified) against appellant-cross-appellees, Tiffany Construction Company (Tiffany) its bonding company, Fireman’s Fund Insurance Co. and John Kissinger dba B & K Construction (Kissinger). The two separate actions were consolidated for…