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SOLAR APPLICATIONS v. T.A. OPERATING CORP.

No. 06-0243.

327 S.W.3d 104 (2010)

SOLAR APPLICATIONS ENGINEERING, INC., Petitioner, v. T.A. OPERATING CORPORATION, Respondent.

Supreme Court of Texas.

Decided December 3, 2010.

Attorney(s) appearing for the Case

Douglas W. Alexander , Alexander Dubose & Townsend LLP, Austin, TX, Jeffrey D. Small , Law Office of Jeff Small, Jonathan Yedor , Heinrichs & DeGennaro, P.C., Myron E. East Jr. , Barton, Schneider & East, L.L.P., San Antonio, TX, for Petitioner.

Sharon E. Callaway , Crofts & Callaway, P.C., R. Wes Johnson , The Gardner Law Firm, William W. Sommers , Gardner & Ferguson, Inc., San Antonio, TX, for Respondent.

Richard Gary Thomas , Thomas Feldman & Wilshusen, LLP, Dallas, for Amicus Curiae.

Justice WAINWRIGHT delivered the opinion of the Court.

In this case, a general contractor and an owner dispute performance and final payment under a construction contract.1 Solar Applications Engineering, Inc. d/b/a Wade Construction (Solar), the general contractor, and T.A. Operating Corporation d/b/a TravelCenters of America (TA), the owner, entered a contract to build a truck stop in San Antonio, Texas. After Solar substantially completed...

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