Legal Opinion

Millgard Corporation v. McKee a Joint Venture, Dallas County and the Commissioners Court of Dallas County, Texas, Defendants

Court of Appeals for the Fifth Circuit

Decided December 2, 1987No. 87-1140PublishedCited by 4 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:. Millgard Corporation (“Millgard”) appeals from the dismissal of its complaints against McKee/Mays, a Joint Venture (“McKee/Mays”) and Dallas County. We reverse.

Dallas County contracted with McKee/Mays for the construction of the Lew Sterrett Justice Center in 1978, and McKee/Mays subsequently awarded Millgard the caisson foundations subcontract for the project. However, in June 1979, shortly after beginning work on the project, Millgard encountered subsurface conditions different from those previously reported by the project’s geotechnical engineers. According…

2Cases cited15 opinions

  1. Borderlon v. PeckTexas Supreme Court · 1983
  2. Luling Oil & Gas Co. v. Humble Oil & Refining Co.Texas Supreme Court · 1945
  3. Mooney v. HarlinTexas Supreme Court · 1981
  4. Jim Walter Homes, Inc. v. ValenciaTexas Supreme Court · 1985
  5. Godde v. WoodCourt of Appeals of Texas · 1974

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3Cited by4 opinions

  1. Edward Kraemer & Sons, Inc. v. City of Overland ParkCourt of Appeals of Kansas · 1994
  2. Republic Contracting Corp. v. South Carolina Department of HighwaysCourt of Appeals of South Carolina · 1998
  3. Millgard Corp. v. McKee Dallas County, Commissioners Court of Dallas County, TexasCourt of Appeals for the Fifth Circuit · 1987
  4. State of Alaska, Department of Transportation and Public Facilities v. Osborne Construction CompanyAlaska Supreme Court · 2020

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