Legal Opinion

Billy Smith Enterprises, Inc. v. Hutchison Construction, Inc.

Texas Court of Appeals, 3rd District (Austin)

Decided July 24, 2008No. 03-06-00689-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

This appeal arises from a dispute between a general contractor on a public works project, Hutchison Construction, Inc. (HCI), and a subcontractor, Billy Smith Enterprises, Inc., (BSE). BSE and HCI sued each other for breach of their subcontract, and BSE alleged violations of the Prompt Pay Act. See Tex. Gov’t Code Ann. §§ 2251.001-.055 (West 2000 & Supp. 2007). A jury found that both BSE and HCI had breached the subcontract, and that BSE had committed the first material breach, but awarded HCI no damages. The jury also found that HCI had violated the Prompt Pay…

2Cases cited18 opinions

  1. City of Rockwall v. HughesTexas Supreme Court · 2008
  2. State v. ShumakeTexas Supreme Court · 2006
  3. Texas Department of Transportation v. City of Sunset ValleyTexas Supreme Court · 2004
  4. Acker v. Texas Water CommissionTexas Supreme Court · 1990
  5. Mustang Pipeline Co. v. Driver Pipeline Co.Texas Supreme Court · 2004

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3Cited by17 opinions

  1. County of Galveston v. Triple B Services, LLPCourt of Appeals of Texas · 2016
  2. M.T.D. Environmental, L.L.P. v. City of Midland, Texas Court of Appeals, 11th District (Eastland)2010
  3. Dudley Construction, LTD., Richard Mark Dudley, and Hartford Fire Insurance Company v. ACT Pipe & Supply, Inc., Texas Court of Appeals, 6th District (Texarkana)2016
  4. Dudley Construction, LTD., Richard Mark Dudley, and Hartford Fire Insurance Company v. ACT Pipe & Supply, Inc., Texas Court of Appeals, 6th District (Texarkana)2016
  5. Eco Built, Inc. and Ed Travis v. Mark Lulfs D/B/A Paperhanger Plus Landmark Organization, L.P. And California Wholesale Material Supply, Inc. D/B/A Calply, Texas Court of Appeals, 3rd District (Austin)2010

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