Legal Opinion
Tacon Mechanical Contractors, Inc. v. Aetna Casualty & Surety Co.
Court of Appeals for the Fifth Circuit
Decided October 4, 1995No. 94-20734PublishedCited by 20 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
The central issue of this appeal is whether a subcontractor has a cause of action against a contractor’s surety for alleged delays in payment under Texas state law. Because Texas does not recognize such a claim, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
This controversy has its genesis in a construction project at the Naval Reserve Readiness Center in Houston. Menendez, Donnell & Associates (“Menendez”) contracted with the United States to make certain improvements to the facility. Menendez subcontracted with appellant Tacón Mechanical Contractors, Inc. (“Tacón”) for…
2Cases cited16 opinions
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- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Holloway v. SkinnerTexas Supreme Court · 1995
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3Cited by20 opinions
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- Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., AndCourt of Appeals for the Tenth Circuit · 1997
- Dsc Communications Corporation Dsc Technologies Corporation, and Cross v. Next Level Communications Thomas R. Eames Peter W. Keeler, and CrossCourt of Appeals for the Fifth Circuit · 1997
- Hicks v. BryschDistrict Court, W.D. Texas · 1997
- Oliphint v. Richards, Texas Court of Appeals, 14th District (Houston)2005
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