TX STATETexas Court of Appeals, 14th District (Houston)
2005

Tribble & Stephens Co. v. RGM Constructors, L.P.

154 S.W.3d 639Texas Court of Appeals, 14th District (Houston) • Decided 2005Remanded
Flow-DownLien RightsCited 50 times

HOLDING

Tribble & Stephens (general contractor) sued RGM (concrete subcontractor) for poor work on an Embassy Suites hotel. The trial court sided with RGM, but the appeals court reversed and sent the case back for trial. The court found real disputes about whether RGM actually met the contract's quality standards and whether the general contractor approved the work. This means subcontractors can't rely on summary judgments to avoid trial when performance quality is genuinely disputed.

KEY FINDINGS

Flow-Down

Document all approvals in writing. RGM lost because it couldn't prove the general contractor (Campbell) approved its work—get written sign-offs on completed work before moving forward.

Lien Rights

Performance standards matter in court. Vague satisfaction clauses create fact disputes that survive summary judgment, so clearly define what 'acceptable' concrete work looks like in your subcontract.

FULL COURT OPINION