PELCO CONSTRUCTION COMPANY, Appellant v. CHAMBERS COUNTY, TEXAS, KURT AMUNDSON, AND AMUNDSON CONSULTING, INC., Appellees
This is a dispute involving a construction contract. The withholding of 10% from two applications for payment is not immaterial as a matter of law. Representations in the context of a presentation seeking the appellant’s bid on a construction contract is some circumstantial proof of reliance. No opinion is expressed on the merits of whether summary judgment was appropriate for a Prompt Payment Act claims; making an argument on appeal analogous to the breach of contract argument is not sufficient to address a separate matter before the trial court. The trial court’s summary judgment is reversed and remanded. PELCO CONSTRUCTION CO. v. CHAMBERS COUNTY, Houston’s 1st Court of Appeals, No. 01-14-00317-CV, 9/3/15.
Laura Carter Higley