Bencon Management & General Contracting, Inc. v. Boyer, Inc.
178 S.W.3d 198 | Texas Court of Appeals, 14th District (Houston) | 2005
What This Case Means for Subcontractors
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 Takeaways
- •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.
- •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.
- •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.
Boyer promised to comply only with parts of Prime Contract applicable to Boyer's work.
Frequently Asked Question
Can a general contractor refuse to pay me by claiming I didn't meet contract conditions they never clearly explained?
No. Under Texas law, you don't have to prove you met every contract condition unless the general contractor specifically denies it in court. If the conditions aren't clear or the GC doesn't formally challenge your compliance, you can still recover full payment. Document your work and timeline to protect yourself.
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