Subcontractors achieve win in immunity case- Third Coast Services, LLC & SpawGlass Civil Construction, Inc. v. Castaneda

The American Subcontractors Association's Subcontractors Legal Defense Fund supported a major win for subcontractors via Amicus briefing to the Texas Supreme Court. This month the high court took up the matter of Third Coast Services, LLC & SpawGlass Civil Construction, Inc. v. Castaneda, which significantly solidified subcontractor immunity under Texas law by ruling that direct contract (privity) with the Texas Dept. of
Transportation (TxDOT) is not needed for immunity under Civil Practice and Remedies Code Section 97.002. This Sections provides for immunity as long as the work is performed "for" TxDOT on state highway projects, even if the contract is with a county. The ruling reversed a lower court decision which held that only the prime contractor was entitled to immunity, thereby expanding protections for subcontractors from suits, such as the fatal 2019 crash on SH 249 in Montgomery County that resulted in substantial personal injury claims being made against the subcontractor and prime contractor. CONGRATULATIONS are extended to Brian Carroll, managing partner Sanderford and Carroll, P.C., member of the ASA Attorney's Council, and past President of ASA National for his work on this important case.

The American Subcontractors Association is actively involved in the promotion of legislative action across the nation and regularly intervenes in legal actions that affect the construction industry at large. The SLDF supports ASA's critical legal activities in precedent-setting cases to protect the interests of all subcontractors. ASA taps the SLDF to fund amicus curiae, or "friend-of-the-court," briefs in appellate-level cases that would have a significant impact on
subcontractor rights. Contributions to the SLDF may be made online at www.sldf.net.

Founded in 1966, ASA promotes the rights and interests of subcontractors, specialty contractors and suppliers by building strength in community through education, advocacy, networking and professional growth. ASA adheres to and promotes quality construction, ethical and equitable business practices, safety in the work environment, and best industry practices. For more information about ASA, visit www.asaonline.com, and for more information about the SLDF, visit www.sldf.net.

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