Legal Opinion

Audubon Indemnity Co. v. Custom Site-Prep, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided August 29, 2011No. 01-10-00489-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

HARVEY BROWN, Justice.

This appeal primarily concerns the enforceability of an indemnity clause in a written construction contract between a general contractor, Comanche Contractors, Inc., and its subcontractor, CSP Site-Prep, Inc., signed after the completion of the project. In a related arbitration proceeding, the arbitrator concluded that Comanche breached its construction contract with Fort Bend County Child Advocates, Inc. and, through CSP’s subcontracted work, negligently performed work on that project. The arbitrator awarded Child Advocates over $250,000 in actual damages.…

2Cases cited20 opinions

  1. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  2. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  3. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  4. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  5. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010

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3Cited by12 opinions

  1. Jarvis, William C. and Cindy Jarvis v. K&E RE One, LLC Stewart Title Company Bayview Loan Servicing, LLC, Texas Court of Appeals, 5th District (Dallas)2012
  2. Oscar Leo Quintanilla v. Andrew Bradford West, Texas Court of Appeals, 4th District (San Antonio)2017
  3. AGREE LIMITED PARTNERSHIP v. NORTHWEST TIDWELL, LTD. AND PYRAMID ATX CONSTRUCTION, LLCDistrict Court, W.D. Texas · 2026
  4. C&F International, Inc. v. Interoil Services, LLC, Texas Court of Appeals, 14th District (Houston)2020
  5. CSL Property Management Co. and Greatland Investments, Inc. v. Thyssenkrupp Elevator, Texas Court of Appeals, 1st District (Houston)2013

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