摘要: |
► WHEN AN OWNER replaced a contractor for significant safety violations, the owner sought to recover the costs for a replacement from the original contractor. A Texas jury found that the owner and the terminated contractor each breached the contract. Both sides were awarded damages and attorney's fees.The jury decided that, although two of the written notices required to recover the replacement costs were technically absent, there was sufficient communication between the owner and terminated contractor. Forcing the terminated contractor to pay the replacement costs was proper and an intermediate appeals court agreed.The Texas Supreme Court reversed the jury's and the intermediate appellate court's holding that strict compliance with notice requirements is generally not necessary, unless such notice requirements are part of a written contract. |