Threlkeld-Covington, Inc. v. Baker Drywall Co.

OPINION

McCLOUD, Chief Justice.

After the prime contractor and the surety on a payment bond failed to pay the plaintiffs’ claims, the plaintiffs, who supplied material and labor to the prime contractor, sued the defendants, who assisted in the procurement of the payment bond. 1 The trial court granted plaintiffs’ motion for summary judgment. Defendants appeal. We affirm.

The prime contractor, D. Bauman Construction Company, Inc. (Bauman), contracted with Kaufman Independent School District to renovate a school property. Pursuant to TEX.REV.CIV.STAT.ANN. art. 5160 (Vernon Supp.1992), Bauman was…