TX STATETexas Court of Appeals, 6th District (Texarkana)
2000

Lesikar v. Rappeport

33 S.W.3d 282Texas Court of Appeals, 6th District (Texarkana) • Decided 2000Enforced
FLAGSHIPBroad IndemnificationLien RightsCited 245 times

HOLDING

A co-executor of an oil lease estate secretly acquired property through her husband while dismissing the estate's financial claim against the seller, creating a conflict of interest. The Texas court ruled this was fraud and breach of fiduciary duty, ordering her to return the property and pay damages. For subcontractors, this case shows that anyone handling project finances or contracts cannot profit from their position or make side deals that benefit themselves at the project's expense.

KEY FINDINGS

Broad Indemnification

Never use your position on a project to make personal deals or acquire assets—it's fraud even if the transaction looks legitimate on paper

Lien Rights

Fiduciaries (project managers, contract administrators, owners' reps) cannot dismiss valid claims in exchange for personal benefit; courts will unwind these arrangements

FULL COURT OPINION