• Fixing the Problem - Not the Blame
  • December 21, 2016 | Author: Curtis W. Martin
  • Law Firm: Peckar & Abramson A Professional Corporation - Houston Office
  • Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to the district court to determine whether the contractor or owner breached an implied duty to cooperate in discovering defects in design and subsequently pricing the change required to correct the problem.