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TACON MECHANICAL CONTRACTORS v. AETNA CAS. & SUR.

No. 94-20734.

65 F.3d 486 (1995)

TACON MECHANICAL CONTRACTORS, INC., et al., Plaintiffs, Tacon Mechanical Contractors, Inc. and the Walsh & Albert Company, Plaintiffs-Appellants, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee. The WALSH & ALBERT COMPANY, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1995.

Attorney(s) appearing for the Case

Eric G. Carter, Thomas R. Cooper, Houston, TX, for appellants.

William J. Boyce, Stephen Pate, Fulbright & Jaworski, Houston, TX, for appellee.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The central issue of this appeal is whether a subcontractor has a cause of action against a contractor's surety for alleged delays in payment under Texas state law. Because Texas does not recognize such a claim, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This controversy has its genesis in a construction project at the Naval Reserve Readiness Center in Houston. Menendez, Donnell & Associates ("Menendez") contracted...

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