El Paso Field Services, L.P. and Gulfterra South Texas, L.P. F/K/A El Paso South Texas, L.P. v. Mastec North America, Inc. and Mastec, Inc.

in which Chief Justice JEFFERSON, Justice HECHT, Justice JOHNSON, Justice WILLETT, and Justice BOYD joined.

In this case, we are asked to harmonize provisions in a pipeline construction contract to determine who bears the risk of obstacles in the pipeline’s path. Specifically, we must examine the effect of the contract’s risk-allocation provisions in light of due diligence specifications under which the pipeline owner was purportedly required, but failed, to provide accurate and complete information to the contractor regarding the location of “foreign crossings.” We conclude that the contract…