Ltd. v. GGP-Bridgeland

Harris Constr. Co., Ltd. v. GGP-Bridgeland, L.P.
2010 U.S. Dist. LEXIS 46477 (S.D. Tex. May 12, 2010)

The U.S. District Court for the Southern District of Texas determined that the issue whether the Texas Supreme Court would recognize a claim for breach of implied warranty against an owner or a design professional providing defective plans had been resolved by the Fifth Circuit in Interstate Contracting Corp. v. City of Dallas, 407 F.3d 708 (5th Cir. 2005). The Court concluded that the Texas would apply the Lonergan rule, which requires contractual language indicating an intent to shift the burden of risk of defective design to the owner or a design professional hired by the owner to make the plans and specifications.Continue Reading U.S. District Court in Texas Concludes that the Texas Supreme Court Would Not Follow Federal Spearin Doctrine Pertaining to Implied Warranty of Design