TX STATETexas Court of Appeals, 4th District (San Antonio)
2015

Select Building Systems, Inc. and Tri-Bar Ranch Company, Ltd. v. Robertson Electric, Inc.

Texas Court of Appeals, 4th District (San Antonio) • Decided 2015Remanded

HOLDING

Robertson Electric sued Select Building Systems and Tri-Bar Ranch over payment for electrical work. The dispute centered on whether change orders were properly executed and whether a "pay when paid" clause applied to Robertson's invoice. The case was remanded, meaning the trial court's decision was sent back for further proceedings. For subcontractors, this case highlights the importance of getting signed change orders before doing extra work and understanding how payment terms affect your right to collect.

KEY FINDINGS

Pay-When-Paid

Always get a fully executed (signed by both parties) change order before starting additional work—verbal agreements or unsigned documents won't protect you in court

Change Order

Document everything: the key quote shows a witness testified they never received a signed change order back, which hurt their case

FULL COURT OPINION