BC & S Construction, Inc. v. Action Electric Co.

OPINION

FARRIS, Justice.

This is an appeal of a summary judgment granted in favor of a subcontractor against a general contractor and its surety under the McGregor Act. See TEX.REV.CIV. STAT.ANN. art. 5160 (Vernon 1987). The subcontractor, Action Electric Company (Action) sued the general contractor, BC & S Construction, Inc. (BC & S) for breach of a subcontract agreement by failing to fully pay sums due and owing for electrical work on a public works project initiated by a previous electrical subcontractor. Lloyd’s, Texas (Lloyd’s) provided the payment bond on the public works project pursuant…