Beard Family Partnership v. Commercial Indemnity Insurance Co.
116 S.W.3d 839 | Texas Court of Appeals, 3rd District (Austin) | 2003
Holding Summary
A surety stepping into a contractor's shoes after default need not provide an all-bills-paid affidavit as a condition precedent to final payment, and substantial performance by the surety entitles it to recover the unpaid contract balance despite owner-caused delays.
The affidavit would under these circumstances perform no function.
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