Bernard Johnson, Inc. v. Continental Constructors, Inc.

POWERS, Justice.

Appellee, Continental Constructors, Inc., sued, in Travis County, Texas, the Texas Parks and Wildlife Department and appellant Bernard Johnson, Inc. The suit arose out of appellee’s construction of a bulkhead at Lake Livingston, Texas under a contract between appellee and the Department. The contract called for construction of the bulkhead to plans and specifications prepared by appellant and contained other provisions which allegedly gave appellant certain powers and duties as “the architect/engineer.”

Appellant interposed a plea of privilege to be sued in Harris County, its…