| PRACTICE AREA / LAWSUIT TYPE OR CASE: CONSTRUCTION AND CONTRACTOR DISPUTES 2009-2008 Texas Supreme Court Opinions RECENT TEXAS SUPREME COURT DECISIONS IN THE AREA OF CONSTRUCTION LAW Dealers Electrical Supply Co. v. Scoggins Construction Co, Inc., No. 08-0272 (Jul. 3, 2009)(O'Neill) (construction law: bond requirement for workers and materialmen, supplies of materials, exclusive remedy, Texas Construction Trust Fund Act) DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION COMPANY, INC. AND BILL R. SCOGGINS; from Hidalgo County; 13th district (13-06-00368-CV, ___ SW3d ___, 12-20-07 Opinion by the Thirteenth Court of Appeals) The Court reverses the court of appeals' judgment and remands the case to that court. Justice O'Neill delivered the opinion of the Court. [pdf] Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett) (certified questions) (insurance coverage dispute, duty to defend, eight corners rule, belated discovery of residential construction defect) DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF POTOMAC INSURANCE COMPANY OF ILLINOIS The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Willett delivered the opinion of the Court. Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett)(indemnity, equitable subrogation standing, construction law) FRYMIRE ENGINEERING COMPANY, INC. BY AND THROUGH REAL PARTY IN INTEREST, LIBERTY MUTUAL INSURANCE COMPANY v. JOMAR INTERNATIONAL, LTD. AND MIXER S.R.L.; from Dallas County; 5th district (05-04-01717-CV, 194 SW3d 713, 05-30-06) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Don R. Willett delivered the opinion of the Court. Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam) (liability insurance coverage for defective work by contractor) GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant County; 2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. This declaratory judgment action concerns the duty to defend and indemnify under a commercial general liability (CGL) policy. The appeal presents issues similar to those decided in Lamar Homes, Inc. v. Mid-Continent Casualty Co., 242 S.W.3d 1 (Tex. 2007). |
CONSTRUCTION LAW DECISIONS OF THE
TEXAS SUPREME COURT CASES
TEXAS SUPREME COURT CASES
| LINKS FOR TEX. SUP. CT. ACTIVITY 2009 Tex Decisions Per Curiam Supreme Court Opinions Mandamus Decisions (Tex 2009) Insurance Law Decisions (Tex. 2009) Med-Mal Cases (Tex. 2009) Petitions Denied January 2009 Petitions Granted 2009 Other 2009 Texas Supreme Court Orders Texas Supreme Court Opinions 2008 Tex. Sup. Ct Opinions Jan-June 2008 Tex 2008 Mandamus Opinions Per Curiam Opinions (Tex. 2008) Per Curiam Jan-Jun 2008 Texas Supreme Court Orders 2008 Petitions for Review Denied 2008 Petitions Granted in 2008 SUPREME COURT RULINGS BY LAW SUIT TYPE PRACTICE AREA Tex 2008 Opinions by Category (Index) Medical MalpractIce Decisions Insurance Law Cases Family Law Decisions Consumer Law and Class Actions Supreme Court Family Law Decisions JUDICIAL POLITICS PAGES 2008 Judicial Election Campaigns TEXAS OPINIONS HOME PAGE Information compiled by WOLFGANG HIRCZY DE MINO |