Peco Construction Co. v. Guajardo

OPINION

GREEN, Justice.

Peco Construction Co. (Peco), appellant, was the general contractor for a school district construction project (the Judson project). Peco contracted with R-K Construction (R-K) to do the site preparation work on the project. In order to do the work, R-K rented certain heavy equipment from J. Anthony Guajardo, Jr. (Guajardo), appellee. RK failed to pay for the equipment and Gua-jardo sued both R-K and Peco for the lost rental income. A default judgment was en tered against R-K and that matter has been severed from this cause. The allegation against Peco was that it…