United States Fidelity & Guaranty Co. v. Eastern Hills Methodist Church

OPINION

SPURLOCK, Justice.

Eastern Hills Methodist Church (Church) obtained a judgment against Cooley, Cooley Building and Lumber Company of Fort Worth (Contractor) and United States Fidelity and Guaranty Company (USF&G), who wrote the Cooley performance bond. This followed a jury trial. Only USF&G appealed.

We affirm.

The Church let a building contract to the Contractor to build an addition to the church. USF&G issued a performance bond guaranteeing performance of the work. The jury found that the Contractor failed to construct the addition in substantial compliance with the plans and…