Legal Opinion
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London
Texas Supreme Court
Decided December 17, 2010No. 08-0246PublishedCited by 471 opinions
1Opinion of the CourtJustice Johnson
We deny Gilbert Texas Construction’s motion for rehearing. We withdraw our opinion of June 4, 2010 and substitute the following in its place.
During a Dallas Area Rapid Transit Authority (DART) construction project, unusually heavy rains resulted in water damage to a building adjacent to the construction site. The owner of the building sued DART and its contractors, alleging that construction activities caused the water damage. The building owner sued the general contractor in tort and for breach of contract. In the breach of contract claim, the building owner alleged that the general…
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