CASES

Partial List of Reported Cases:

  • Lively v. Carpet Servs., Inc.,904 S.W.2d 868, 873. Company officers/owners controlling subcontractor construction project payments are “trustees” and personally liable for non-payment to suppliers. Texas Property Code Sec. 162.
  • Gulf Coast Marine Associates, Inc. v. C-Port Galveston, Civil Action No. G-04-308, 2005. Judgment for client against owner for owner’s breach of dock lease in the Port of Galveston.
  • General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc., 252 S.W.3d 450. Judgment compelling insurance company to indemnify offshore drilling rig mover in a suit alleging damage to the rig.
  • Bartley Texas Builders Hardware, Inc. v. Swor, No. 07-03280, Civ. A. H-08-644, 2008. Bankrupt company’s officers/owners barred from personal bankruptcy discharge as construction fund “trustees” and personally liable for company’s non-payment to suppliers.
  • Star Construction Services, Inc. v. Sembera, No. 14-00-00689-CV. Successful Texas Deceptive Trade Practice Act against contractor for breach of construction contract.
  • Seavall v. Cadle Company, No. 03-13-00224-CV. Foreign state judgments older than ten years unenforceable in Texas.
  • Gulf Coast Marine Associates, Inc. v. Versatile Marine Services, Inc., No. 14-14-00096-CV, 2014 WL 1268660. Judgment for breach of contract for failure to pay for drilling rig repairs.
  • Levy v. Leach, No. 14-19-00843-CV. Judgment establishing adverse possession of subdivision boundary property.
  • Gulf Coast Brake & Motor, Inc. v. MHWirth, Inc., No. 2020-CW-00467.  Judgment in Louisiana District court establishing Louisiana jurisdiction over German multinational corporation.
  • Solorzano v. Sage Commercial Group LLC, No. 14-22-00219-CV. General contractor “pay-if-paid” contract language unenforceable against subcontractor’s payment claim by general contractor’s failure to comply with the statute’s mandatory safe harbor statutory requirements.