Thermo Tech, Inc. v. Goodyear Tire and Rubber Co., Inc., National Surety Corporation, Sam Pace, D/B/A Pimco Insulation Contractors & Manufacturers

RANDALL, Circuit Judge:

In this suit two subcontractors (ThermoTech, Inc. and Sam Pace, d/b/a Pimco Insulation Contractors & Manufacturers) seek recovery from the owner of an industrial construction project (Goodyear Tire and Rubber Co.), and from a corporate surety of the project (National Surety Corp.), after the default of the contractor (Harold L. Brussard, d/b/a B & H Insulation Co.) on invoices due the subcontractors. Goodyear placed funds representing unpaid invoice amounts and retainages in the registry of the court, and National Surety seeks its attorneys fees and court costs from…