INDUSTRIAL INDEM CO. v. ZACK BURKETT CO.

No. C-2769.

677 S.W.2d 493 (1984)

INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. ZACK BURKETT COMPANY, Respondent.

Supreme Court of Texas.

June 20, 1984.


Attorney(s) appearing for the Case

Fillmore & Associates, H. Dustin Fillmore, Fort Worth, for petitioner.

Jennings, Dies & Turner, David W. Knight and Frank Jennings, Graham, for respondent.


PER CURIAM.

Our question is whether a subcontractor perfected his claim against a payment bond.

In 1978, Zack Burkett Company subcontracted with the general contractor, M.J. Lang Construction Company, to pave a parking lot. Lang obtained a payment bond written by Industrial Indemnity Company. After Lang failed to pay Burkett's final statement of $122,360.03, Burkett wrote a letter to Lang demanding payment of the unpaid balance. In this letter he gave notice...

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