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BILLY SMITH ENTERPRISES, INC. v. HUTCHISON CONST., INC.

No. 03-06-00689-CV.

261 S.W.3d 370 (2008)

BILLY SMITH ENTERPRISES, INC., Appellant v. HUTCHISON CONSTRUCTION, INC., and Mid-Continent Company, Appellees.

Court of Appeals of Texas, Austin.

July 24, 2008.

Attorney(s) appearing for the Case

Jennifer R. Lindsey, McCathern/Mooty LLP, Dallas, for appellant.

David P. Boyce, Craig A. Courville, Wright & Greenhill, P.C., Austin, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

This appeal arises from a dispute between a general contractor on a public works project, Hutchison Construction, Inc. (HCI), and a subcontractor, Billy Smith Enterprises, Inc., (BSE). BSE and HCI sued each other for breach of their subcontract, and BSE alleged violations of the Prompt Pay Act. See Tex. Gov't Code Ann. §§ 2251.001-.055 (West 2000 & Supp. 2007). A jury found that both BSE and HCI...

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