Byrdson Services, LLC, D/B/A Excello Construction, Llc v. South East Texas Regional Planning Commission

Following Hurricane Ike, federally funded rebuilding projects in disaster-stricken areas of Texas were overseen by various local governmental entities. This is a contract dispute between one of those entities and a construction contractor. The sole issue is one of governmental immunity: Does the contractor’s suit fall within chapter 271 of the Local Government Code, which waives immunity if the contract, among other things, provides “goods or services to the local governmental entity”?

We answer yes: The statutory-immunity waiver applies. Texas homeowners were primary beneficiaries under the…