Powerhouse Services, Inc. v. Bechtel Corporation

DON H. REAVIS, Justice.

Powerhouse Services, Inc. presents two issues challenging a summary judgment that Bechtel Corporation recover $113,015.56 as damages and $37,671.85 as court costs and reasonable attorney’s fees for breach of a written indemnity agreement. By its first issue, Powerhouse contends the indemnity provision is invalid as a matter of law under the express negligence test and by its second issue, contends that genuine issues of material fact exist as to causation and Powerhouse’s alleged negligence which the trial court apparently determined as a matter of law. 1 Based upon the…