TX STATETexas Supreme Court
2014

lan/stv, a Joint Venture of Lockwood, Andrews & Newman, Inc. and Stv Incorporated v. Martin K. Eby Construction Company, Inc.

435 S.W.3d 234Texas Supreme Court • Decided 2014Enforced
Liquidated DamagesCited 93 times

HOLDING

A general contractor sued an architect for errors in construction plans that increased the contractor's costs. The Texas Supreme Court ruled that contractors cannot sue architects for money damages caused by plan mistakes—only for physical damage or injury. This means contractors must look to their contracts with owners, not tort lawsuits against architects, to recover extra costs from design errors.

KEY FINDINGS

Liquidated Damages

You cannot sue an architect directly for cost overruns caused by plan errors. Your remedy is through your contract with the owner.

FULL COURT OPINION