United States Fidelity & Guaranty Co. v. Borden Metal Products Co.

KEITH, Justice.

This is an appeal by the surety cast in judgment in a suit by a materialman suing upon a construction payment bond. The trial was to the court and extensive findings of fact and conclusions of law were filed. We affirm.

Central Louisiana Electric Company needed a generating plant constructed at Boyce, Rapides Parish, Louisiana. It contracted with Babcock and Wilcox Company [“B&W”] to construct and erect the steam boilers in the plant; and, for the purposes of this appeal, B&W is to be considered the general contractor. 1 B&W entered into a subcontract with National Fabricating…