(DOWNLOAD) "Westech Engineering V. Clearwater Constructors (07/01/92)" by Third District, Austin Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Westech Engineering V. Clearwater Constructors (07/01/92)
- Author : Third District, Austin Court of Appeals of Texas
- Release Date : January 01, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
This case involves a construction contract. In twenty-three points of error, the sub-contractor, WesTech Engineering, Inc. (WesTech), has challenged the trial court's determination that it entered into and subsequently breached an agreement with the general contractor, Clearwater Constructors, Inc. (Clearwater) to provide wastewater-treatment equipment. In sixteen points of error, WesTech attacks the legal or factual sufficiency of the evidence supporting the trial court's judgment that WesTech pay damages to Clearwater for breach of contract; in the remaining seven points of error, WesTech attacks particular conclusions of law underlying the judgment. Clearwater, in turn, has brought two cross-points complaining of the trial court's denial of consequential damages and certain expenses. We will affirm the judgment of the trial court as modified. Problems arose, however, when the project engineering firm, CDM, determined that WesTech's clarifier equipment would not meet the particular specifications set out in the City's contract. The parties conducted a number of meetings to resolve these problems. For its part, WesTech supplied additional data on its proposed equipment, which Clearwater and CDM re-evaluated. Nevertheless, CDM decided that the WesTech equipment would not comply with the City's contract requirements.
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