Beard Family Partnership v. Commercial Indemnity Insurance Co.

OPINION

Justice PATTERSON.

Opinion by

This case involves a surety’s rights and obligations under payment and performance bonds entered into pursuant to a construction contract. Appellee Commercial Indemnity Insurance Company (“Commercial Indemnity”), the surety, sued appellant Beard Family Partnership (“Beard”), the owner of land to be developed as a subdivision, for breach of contract and attorneys’ fees based on Beard’s failure to pay Commercial Indemnity the contract balance for the completed construction of a residential subdivision’s infrastructure after the contractor defaulted. Following…