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Harrison, Walker & Harper, L.P. and White Oak Independent School District v. Federated Mutual Insurance Company

Citation: Not availableDocket: 02-03-00048-CV

Court: Court of Appeals of Texas; March 31, 2004; Texas; State Appellate Court

Narrative Opinion Summary

In this case, a breach of contract suit was brought by a general contractor and a school district against an insurance company for failing to perform under a performance bond. The insurance company had issued the bond to cover a subcontractor's obligations on a construction project. The trial court granted summary judgment in favor of the insurance company, finding that the general contractor lacked standing as it was not an intended beneficiary of the bond. The court held that only the school district was a creditor beneficiary under the bond, as it was explicitly named. Furthermore, the court applied the principle of strictissimi juris, finding that the bond's obligations were strictly limited to its terms, and any material alterations to the contract, such as additional work, constituted a new contract that released the insurance company from its obligations. Consequently, no material facts were in dispute regarding the school district's claim, and the insurance company's motion for summary judgment was affirmed, leaving the appellants without recovery against the insurance company.

Legal Issues Addressed

Material Alteration of Contract

Application: The addition of library work was deemed a material alteration of the contract, which constituted a new contract, thereby releasing Federated from its obligations under the original bond.

Reasoning: Any alleged changes to A&H’s obligations to White Oak were not encompassed by the original contract guaranteed by the bond, indicating that such changes constituted a new contract, thus binding Federated.

Standing to Sue on Performance Bond

Application: The court determined that HWH lacked standing to sue on the performance bond because it was not an intended beneficiary, as the bond did not explicitly confer any direct benefit to HWH.

Reasoning: The trial court correctly determined HWH lacks standing to sue on the bond.

Strictissimi Juris in Surety Obligations

Application: The court applied the principle of strictissimi juris, which restricts surety obligations to the precise terms of the bond, and determined that any material alteration in the contract between White Oak and A&H released Federated from its obligations.

Reasoning: Regarding surety liability, the court held that liability is strictly defined by the bond’s language, adhering to the principle of strictissimi juris, which prevents extending a guarantor's obligations beyond the written terms.

Third-Party Beneficiary Contracts

Application: White Oak was identified as a creditor beneficiary under the performance bond, allowing it to enforce the bond, whereas HWH was not recognized as such a beneficiary.

Reasoning: In this specific case, the bond between Federated (surety) and A&H (principal) explicitly names White Oak as the owner entitled to performance, establishing White Oak as a creditor beneficiary.