Homeowner May Sue Construction Subcontractor

Under certain circumstances, a homeowner may be able to sue a subcontractor even though the homeowner has no direct contract with the subcontractor per a Texas Supreme Court recent opinion. “Having undertaken to install a plumbing system in the house, the plumber assumed an implied duty not to flood or otherwise damage the trust’s house while performing its contract with the builder.” The Texas Supreme Court analyzed the economic loss and said it was not applicable because the duty not to flood the home was independent of the subcontract with the builder and the damages extended beyond the anticipated benefit of the plumbing contract. The full opinion is here: http://www.supreme.courts.state.tx.us/historical/2014/aug/130776.pdf

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