SLDF Moving the Ball for Subcontractors in Texas!

June 18, 2024 – At the urging of the American Subcontractors Association’s Subcontractor Legal Defense Fund and other concerned parties, the Texas Supreme Court on Friday agreed to take up the Third Coast Services & Spawglass Construction v Castaneda case. The dispute involved a multi-vehicle accident on a construction site, resulting in a lawsuit for contractor negligence and premises liability. The Contractor and Subcontractor moved for summary judgment, arguing that they were immune from suit under Texas Code.

The trial court denied the motions and the Court of Appeals of Texas, 14th Appellate Division affirmed, holding that neither the Contractor nor Owner had established that they met each requirement of their affirmative defense. Spawglass and Third Coast petitioned the Texas Supreme Court for review, which it has now granted. The issues at hand involving statutory immunity and immunity for construction workers are paramount for subcontractors nationwide.

Thanks to Brian Carroll and Shaina Swanson of Sanderford & Carroll, PC, for their work on this case.