Austin Paving Co. v. Cimarron Construction, Inc.

O’QUINN, Justice.

Austin Paving Company, a partnership, brought this suit as sub-contractor to recover on a construction contract with Ci-marron Construction, Inc., and made Lake-way Land Company, as the owner, a party defendant.

Under the contract, Austin Paving undertook to furnish labor and materials for the earthwork, base, and paving in construction of parking areas on property owned by Lakeway. At the end of the first month of work, Austin Paving submitted its first progress report to Cimarron Construction and requested payment of $7,850, less ten percent retainage, as provided under the…