Chapman Custom Homes, Inc., and Michael B. Duncan, Trustee of the M.B. Duncan Separate Property Trust v. Dallas Plumbing Company

In this summary-judgment case, we consider whether a homeowner has stated a cognizable negligence claim for water damage to new construction allegedly caused by a plumber’s negligent performance under its subcontract with the homeowner’s general contractor. The court of appeals affirmed the plumber’s summary judgment, concluding that the homeowner did not have a negligence claim. 446 S.W.3d 29 (Tex.App.-Dallas 2013) (mem.op.). The court reasoned that the homeowner did not have a negligence claim because it “did not allege violation of any [tort duty] independent of the contract” and further…