Hassell Const. Co., Inc. v. Stature Commercial Co.
162 S.W.3d 664 | Texas Court of Appeals, 14th District (Houston) | 2005
Holding Summary
A contractor's affirmative defense based on a pay-if-paid clause must be specifically pleaded under Texas Rule 94; when not pleaded, evidence supporting it is inadmissible, and the subcontractor is entitled to payment as a matter of law.
SCCI's reliance on nonpayment from the owner is an affirmative defense under Texas Rule of Civil Procedure 94.
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