Stolz v. Honeycutt

In Stolz v. Honeycutt, 42 S.W.3d 305, 311 (Tex.App. C Houston [14th Dist.] 2001, no pet.) the Court held that an action on the bond must be filed no later than one year after the date on which notice of the bond is served. In Stolz, a subcontractor sought to enforce his mechanics' lien; he never sued on the bond or named the surety as a party defendant. See Stolz, 42 S.W.3d at 311. The issue before the court was whether the subcontractor, having failed to sue on the bond, could bring a direct action against the principal to enforce his mechanic's lien. Id. at 311-12.