S.A. Maxwell Company v. R.C. Small & Associates

This appeal arises out of a suit under the McGregor Act for recovery on a contractors payment bond. S.A. Maxwell Company (S.A. Maxwell) appeals the trial courts decision on the parties opposing motions for summary judgment. S.A. Maxwell brings two points of error contending that the trial court erred in denying its cross-motion for summary judgment and granting summary judgment in favor of R.C. Small and Associates, Inc. (R.C. Small), Great American Insurance Company, and The American National Fire Insurance Company (collectively Great American). S.A. Maxwell contends (1) that its first notice of nonpayment was timely under the McGregor Act and (2) that both of its notices substantially complied with the McGregor Acts substantive requirements. In one cross-point of error, R.C. Small contends that the trial court abused its discretion in not awarding attorneys fees to R.C. Small as the prevailing party in an action under the McGregor Act.