Opinions

Justice Lehrmann delivered the opinion of the Court, in which Justice Young joined in full, in which Chief Justice Hecht, Justice Devine, Justice Busby, and Justice Bland joined as to Parts I and II(D), and in which Justice Boyd, Justice Blacklock, and Justice Huddle joined as to Parts I, II(A), II(B), II(C), and II(E). PDF

Justice Boyd delivered an opinion dissenting in part, in which Justice Blacklock and Justice Huddle joined.View Electronic Briefs | Oral Argument PDF

Chief Justice Hecht delivered an opinion dissenting in part, in which Justice Devine, Justice Busby, and Justice Bland joined. PDF

Court of Appeals

Appellate District:	14th Court of Appeals
Outcome Below:	Aff As Mod
COA Docket No.:	14-18-00083-CV
Opinion Author:	Honorable Kevin D. Jewell

Trial Court

Trial Court:	334th District Court
County:	Harris
Trial Judge:	Honorable Steven E. Kirkland
Trial Docket:	2014-72717

Date	Event	Outcome
2022-09-02	Mandate issued
2022-09-02	Motion for Rehearing - Disposed	Denied
	This case was waiting for a decision about a pending motion for rehearing between July 6, 2022 and September 2, 2022.
2022-07-06	Case forwarded to Court
2022-07-06	Motion for Rehearing
2022-06-07	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2022-06-07	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2022-06-06	Motion for Extension of Time to File Motion for Rehearing
2022-06-06	Motion for Extension of Time to File Motion for Rehearing
2022-05-23	Letter sent to parties from Supreme Court - See Remarks
2022-05-20	Opinion issued	Court affirms in part and reverses in part CA judgment and remands to trial court
2022-05-20	Court approved judgment sent to attorneys of record	Issued
2022-05-20	Dissenting opinion issued.	Issued
2022-05-20	Dissenting opinion issued.	Issued
2022-05-19	Motion to withdraw disposed of	Filing granted
2022-05-19	Motion to Withdraw Filed
2022-05-10	Electronic communication sent to Party
2022-04-27	Electronic communication received from Party
2022-04-26	Letter Filed
	This case was waiting for a possible rehearing motion between October 26, 2021 and April 26, 2022.
2021-10-26	Oral argument
2021-10-26	Oral argument
2021-10-25	Exhibits in case/cause filed (Petitioner)
2021-10-25	Exhibits in case/cause filed (Petitioner)
2021-10-22	Motion to dismiss disposed	Filing granted
2021-10-22	Petition for Review disposed	Dismissed
2021-10-22	Submission Schedule
2021-10-18	Miscellaneous Motion
2021-09-22	Oral Argument Submission Form from Attorney received
2021-09-22	Oral Argument Submission Form from Attorney received
2021-09-01	Letter sent to parties from Supreme Court - See Remarks
	This case was waiting for oral argument between June 25, 2021 and September 1, 2021.
2021-06-25	Case set for oral argument	Case set for oral argument
2021-06-25	Case set for oral argument	Case set for oral argument
2021-06-11	Petition for Review granted
2021-06-11	Petition for Review disposed	Filing granted
2021-06-11	Petition for Review disposed	Filing granted
2021-06-11	Petition for Review granted
	This case was pending on merits briefs between April 15, 2021 and June 11, 2021.
2021-04-15	Amicus Curiae Brief received
2021-03-03	Brief on the Merits
2021-02-23	Motion for Extension of Time disposed.	Filing granted
2021-02-22	Motion for Extension of Time to File Brief filed
2021-02-03	Motion for Extension of Time disposed.	Filing granted
2021-02-02	Motion for Extension of Time to File Brief filed
2021-01-19	Brief on the Merits (Respondent)
2021-01-19	Brief on the Merits (Respondent)
2020-12-14	Call received
2020-12-09	Motion for Extension of Time to File Brief filed
2020-12-09	Motion for Extension of Time disposed.	Filing granted
2020-11-26	Motion for Extension of Time disposed.	Filing granted
2020-11-26	Motion for Extension of Time to File Brief filed
2020-11-25	Brief on the Merits (Petitioner)
2020-10-28	Brief on the Merits (Petitioner)
2020-10-26	Motion for Extension of Time disposed.	Filing granted
2020-10-26	Motion for Extension of Time to File Brief filed
2020-09-23	Motion for Extension of Time disposed.	Filing granted
2020-09-23	Motion for Extension of Time disposed.	Filing granted
2020-09-23	Motion for Extension of Time to File Brief filed
2020-09-23	Motion for Extension of Time to File Brief filed
2020-08-28	Brief on the Merits Requested
2020-08-13	Reply to Response (Petitioner)
2020-07-29	MET to file reply disposed of	Filing granted
2020-07-29	Motion to Extend Time to File Reply filed
2020-07-15	Response to Petition (Respondent)
2020-07-14	Response to Petition (Respondent)
2020-06-12	Motion for Extension of Time to File Response disposed	Filing granted
2020-06-10	Motion for Extension of Time to File Response
2020-06-05	Motion for Extension of Time to File Response disposed	Filing granted
2020-06-03	Motion for Extension of Time to File Response
2020-05-15	Supreme Court of Texas Requested Response
2020-04-14	Case forwarded to Court
2020-04-14	Case forwarded to Court
2020-04-08	Response Waiver filed
2020-04-07	Response Waiver filed
2020-04-07	Petition for Review #2 (Petitioner)
2020-03-09	Petition for Review (Petitioner)
2020-02-28	Second Motion for Extension of Time to File Petition for Review disposed	Filing granted
2020-02-28	Second Motion for Extension of Time to File Petition for Review filed
2020-01-30	Court reporter/recorder's record
2020-01-30	Clerk's Record
2020-01-30	Court reporter/recorder's record
2020-01-30	Clerk's Record
2020-01-30	Motion for Extension of Time to File Petition for Review filed
2020-01-30	Motion for Extension of Time to File Petition for Review disposed	Filing granted

Party	Counsel	Role
Primoris Services Corporation	Mr. Anthony T. Golz Mr. Gregory M. Cokinos Mr. Robert Naudin Jr. Mr. Roger D. Townsend	Petitioner
Westlake Chemical Corporation	Mr. Walter Simons Mr. Shawn D. Blackburn Mr. Warren W. Harris Mr. William R. H. Merrill Mr. Ryan V. Caughey	Respondent
James Construction Group, LLC	Mr. Gregory M. Cokinos Mr. Anthony T. Golz Mr. Roger D. Townsend Mr. Robert Naudin Jr.	Petitioner

Amicus Curiae	Counsel
Associated General Contractors San Antonio Chapter	Ms. Karlene Dunn Poll Lisa Erin Hobbs
TEXO The Construction Association	Ms. Karlene Dunn Poll Lisa Erin Hobbs
Associated General Contractors Austin Chapter	Ms. Karlene Dunn Poll Lisa Erin Hobbs
Associated General Contractors Houston Chapter	Ms. Karlene Dunn Poll Lisa Erin Hobbs
Associated General Contractors-Texas Building Branch	Ms. Karlene Dunn Poll Lisa Erin Hobbs