Legal Opinion
TA Operating Corp. v. Solar Applications Engineering, Inc.
Texas Court of Appeals, 4th District (San Antonio)
Decided February 8, 2006No. 04-04-00180-CVPublishedCited by 15 opinions
1Opinion of the Court
OPINION
Opinion by
CATHERINE STONE, Justice.
In this appeal, we are asked to determine whether the doctrine of substantial performance excuses a contractor’s failure to comply with an express condition precedent to final payment that is unrelated to completion of the building. Concluding that it does not, we grant TA Operating Corporation’s motion for rehearing. We withdraw our opinion and judgment of March 30, 2005 and issue this opinion and judgment in their place.
BACKGROUND
TA Operating Corporation, a truck stop travel center company, contracted with Solar Applications Engineering, Inc. to…
2Cases cited28 opinions
- Cain v. BainTexas Supreme Court · 1986
- Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
- Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
- Croucher v. CroucherTexas Supreme Court · 1983
- Spoljaric v. Percival Tours, Inc.Texas Supreme Court · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Solar Applications Engineering, Inc. v. T.A. Operating Corp.Texas Supreme Court · 2010
- Randy v. Squires Construction, Inc., Texas Court of Appeals, 5th District (Dallas)2006
- RAJ Partners, Ltd. v. Darco Construction Corp., Texas Court of Appeals, 7th District (Amarillo)2006
- 4901 Main, Inc. v. TAS Automotive, Inc., Texas Court of Appeals, 14th District (Houston)2006
- C.C. Carlton Industries, Ltd. v. Blanchard, Texas Court of Appeals, 3rd District (Austin)2010
10 more not listed; retrieve them via the Exa API.