Landscape Design & Construction, Inc. v. Harold Thomas Excavating, Inc.

AKIN, Justice.

This litigation concerns a dispute with respect to a subcontract to build a lake at Eastfield College in Mesquite, Texas. Defendant, a general contractor, entered into a written subcontract with plaintiff, a subcontractor, to excavate for the lake. Plaintiff completed the excavation but defendant refused to pay him, claiming that the work was not performed within ten days as required by the written agreement. Defendant claimed offsets for payments made and for damages due to plaintiff’s failure to complete excavation within ten days. From a judgment for the plaintiff, allowing a…