Page v. Marton Roofing, Inc.

in which Justice HECHT, Justice OWEN, Justice O’NEILL, Justice SMITH, and Justice WAINWRIGHT joined.

This is a companion case to Page v. Structural Wood Components, Inc., 102 S.W.3d 720, and its facts are substantially similar. In 1997, Herman C. Page hired Mark Sepolio to remodel and expand a Houston building. Sepolio in turn hired several subcontractors, including Marton Roofing, Inc., to provide labor and materials for the project. After a dispute with Sepolio, Page terminated his contract on April 14, 1998. Page then hired six replacement contractors to finish the project. After Sepolio…