The Courts
Texas 13th Court of Appeals (Corpus Christi-Edinburg)
ISD Loses Suit Against Subcontractors
In High School’s Design and Construction
Ruling: A judge’s order dismissing three subcontractors from an ISD’s lawsuit over alleged construction and design defects in a new high school is upheld. Rio Grande City CISD (New Rio Grande High School), v. Edward Puentes, P.E., David Cash, P.E., and DBR Engineering Consultants, Inc., No. 13-19-00033-CV. Issued Nov. 24.
In the sole issue decided in this appeal, a three-member Thirteenth Court panel unanimously agreed with the trial judge that three subcontractors (referred to under the umbrella of DBR Engineering Consultants, Inc.) are not liable over the district’s claims of negligence and faulty construction of the school.
The justices, in a lengthy discussion, concluded that RGCCISD had failed to show that DBR’s performance of its portion of the subcontracting work (for the school’s ventilation systems) resulted in an “economic loss” to the district based on specific criteria established in applicable law and prior court decisions.
Background
The record reflects that RGCCISD sued the project’s architect (Delfino Garza, Jr.), his architectural firm (Design Group International [DGI]) and numerous subcontractors (including DBR) that DGI had hired in the design and construction of the school. The ISD claimed negligence in the school’s design and construction.
Ultimately, the district reached a settlement agreement ending the litigation with Garza and DGI. But, the agreement did not bar “consultants, subconsultants, or subcontractors” from being sued by the district.
This decision does not reflect the status of the district’s claims against the other defendants named in the lawsuit.