Baxter Construction Co. v. Hou-Tex Products, Inc.

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment on a McGregor Act payment bond claim in favor of the plaintiff, a subcontractor-claimant on a public works project, in a suit against the project’s prime contractor and its surety.

The sole issue on appeal is whether the trial court correctly held the payment bond’s contractual 90-day notice provision for the filing of laborers’ and material-mens’ claims to be applicable, when Tex. Rev.Civ.Stat.Ann. art. 5160 (Vernon 1971) prescribes a lesser notice period. We hold that the trial court was correct, and we affirm the judgment.

Appel…