TX STATECourt of Appeals for the Fifth Circuit
2003

Weeks Marine, Inc. v. Fireman's Fund Insurance Company

340 F.3d 233Court of Appeals for the Fifth Circuit • Decided 2003Reversed

HOLDING

A surety on a labor and material payment bond is liable for labor services provided by a subcontractor that were used or reasonably required in performance of the principal construction contract, even if those services constitute a capital improvement, provided the labor was actually consumed in the project and all parties approved the work.

FULL COURT OPINION