Interstate Contracting Corp. v. City of Dallas

This case comes before us on certified questions from the United States Court of Appeals for the Fifth Circuit. Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer the following questions:

1. Does Texas recognize pass-through claims, i.e., may a contractor assert a claim against an owner on a subcontractor’s behalf when there is no privity of contract between the subcontractor and the owner?

If the first question is answered in the negative, then the remaining question need not be reached. However, if the first question is answered…