Continental Contractors, Inc. v. Thorup

EVANS, Justice.

The plaintiff, a concrete subcontractor doing business as P & S Construction Specialists, brought this action against two defendants, Continental Contractors, Inc., the prime contractor, and Balboa Insurance Company, the surety on Continental Contractors’ payment bond, to recover for labor and materials supplied in connection with a public drainage project in Huntsville, Texas. The defendant, Continental Contractors, filed a counterclaim seeking damages for plaintiff’s alleged failure to complete his obligations under the subcontract.

At the close of the plaintiff’s evidence,…