Levinger PC teamed with construction litigators Paulo Flores and Walker Duke to persuade the Corpus Christi Court of Appeals to reject the City of Corpus Christi’s effort to avoid liability to their client, Graham Construction Services, based on an assertion of governmental immunity. Graham sued the City for over $14 million in delay-related damages that Graham incurred in building a massive wastewater treatment facility. After three years of litigation, the City filed a plea to the jurisdiction claiming that Graham had failed to demonstrate a waiver of the City’s governmental immunity from suit. The Court of Appeals disagreed, first holding that the City was not immune from the delay-causing breaches of contract committed by the City’s representative in administering the parties’ contract. Second, the Court rejected the City’s claim for immunity based on the allegation that Graham had not complied with the notice and adjudication provisions in the contract. Third, the Court determined that nothing in the governmental immunity statute barred Graham’s claim for attorney’s fees. The Supreme Court of Texas subsequently denied the City’s petition for review. City of Corpus Christi v. Graham Construction Services, Inc., No. 13-19-00367-CV, 2020 WL 3478661 (Tex. App.—Corpus Christi June 25, 2020, pet. denied).
Courts: Texas Intermediate Appellate Courts; Supreme Court of Texas
Subject Matter: Business Litigation