TX STATETexas Court of Appeals, 14th District (Houston)
2005

Bencon Management & General Contracting, Inc. v. Boyer, Inc.

178 S.W.3d 198Texas Court of Appeals, 14th District (Houston) • Decided 2005Enforced

HOLDING

Bencon (general contractor) hired Boyer (subcontractor) to perform work on a Houston transit project. Boyer completed the work but Bencon refused to pay and claimed Boyer violated contract conditions. The court ruled Boyer didn't have to prove it met every condition unless Bencon specifically denied it in court, and the evidence showed Boyer performed on time and deserved full payment plus attorney's fees. This protects subcontractors from vague or unspecified contract requirements being used as excuses to withhold payment.

KEY FINDINGS

Flow-Down

You don't have to prove you met every contract condition—the general contractor must specifically deny them in writing or court. Vague conditions can't be used to justify non-payment.

Retention

Document your work completion and timeline carefully. If you can show timely performance with evidence, you'll likely win payment disputes even if the GC claims you violated unstated requirements.

Change Order

You can recover attorney's fees when you win a breach-of-contract case against a general contractor. Keep records of all communications and performance to support your claim.

FULL COURT OPINION