Transamerica Insurance Company v. Red Top Metal, Inc.

WISDOM, Circuit Judge:

This case involves the liability of a Miller Act surety for attorneys’ fees.

Red Top Metal, Inc., a subcontractor on a federal construction project at the Bergstrom Air Force Base in Austin, Texas, furnished labor and materials to the Jack Collins Construction Company, the general contractor. Collins withheld certain payments from Red Top because of disputes over various delays and extras on the project. When Collins refused to pay, Red Top brought suit against the general contractor and its surety, the appellant in this case. Before trial, the surety paid the principal…