The last case in which the Texas Supreme Court heard arguments this year could have a significant impact on products liability litigation in the construction industry.
A key issue in Fresh Coat Inc. v. K-2 Inc. , argued Dec. 17 before the state’s highest civil court, is whether a manufacturer of an allegedly defective stucco-like product must indemnify a subcontractor for the subcontractor’s settlement with the homebuilder, pursuant to a contract, for qualifying losses under Chapter 82 of the Texas Civil Practice & Remedies Code.
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