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Evadale Water Control and Improvement District No. 1 v. J&D Construction

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MEMORANDUM OPINION

J&D Construction (J&D), a partnership, sued Evadale Water Control and Improvement District No. 1 (“WCD”) for damages arising from WCD’s breach of a construction contract. WCD asserted that as a governmental entity, it was immune from J&D’s suit. WCD also argued that J&D failed to comply with several conditions precedent to its obligation to remit final payment. A jury determined that WCD owed J&D an additional $231,447*fn1 under the terms of the contract. The trial court rendered a judgment favoring J&D based on the jury’s findings.

Because the evidence fails to establish that a net balance was due and owing under the contract’s terms, we reverse and render judgment, ordering that J&D recover nothing.

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