Capitol Indemnity Corp. v. Kirby Restaurant Equipment & Chemical Supply Co.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Capitol Indemnity Corporation appeals from a final judgment against it in a suit to recover on a payment bond. See Tex. Gov’t Code Ann. § 2253.073 (Vernon 2000). We affirm the trial court’s judgment.

BACKGROUND

In February 2001, Capitol Indemnity Corporation issued a payment bond on a public works project pursuant to Texas Government Code Chapter 2253 for a project involving additions and renovations to Natalia Independent School District buildings. That same month, Kirby Restaurant Equipment and Chemical Supply Company entered into a contract with…