Cleburne Street entrance to Texas Southern University in Houston. Credit: Google First-of-Its-Kind Ruling is a Win for Texas Construction Contractors
This is the first case squarely about Chapter 114, the legislative waiver of immunity for state construction contracts. - Associated Builders and Contractors of Texas amicus curiae
May 22, 2023 at 03:25 PM
3 minute read
Construction
A court of appeals dismissal of a construction contractor lawsuit against a state university's immunity defense was reversed in a first-of-its-kind test decided by the Texas Supreme Court.
In a per curiam opinion, the high court ruled in Pepper-Lawson Horizon International Group LLC v. Texas Southern University that the First Court of Appeals at Houston erred when it used a defense plea to jurisdiction to go "so far into the substance of the claims that plaintiffs would be required to put on their case to establish jurisdiction."
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