Engineer’s Lack of Response Resulted in Owner Breach of Contract

Court of Appeals of Texas

Baker & Company Construction, LLC v. Smith County

Case no.:  12-24-00347-CV

Date filed: December 10, 2025

Overview

A Texas appellate court has ruled that a public project owner breached the contract when its consulting engineer failed to calculate, at the time of final acceptance, money owed the contractor for suspended work.

Background

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