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MCMAHON CONTRACTING v. CITY OF CARROLLTON

No. 05-07-01626-CV.

277 S.W.3d 458 (2009)

McMAHON CONTRACTING, L.P., Appellant, v. The CITY OF CARROLLTON, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled March 17, 2009.

Attorney(s) appearing for the Case

Henry E. Steck, Mark Stoecker, Harrison Steck P.C., Stephen D. Harrison, Harrison & Steck, Hoover & Drake, P.C., Ft. Worth, TX, for Appellant.

Mike M. Tabor, Kevin C. Haynes, Shannon, Gracey, Ratliff & Miller, LLP, Dallas, TX, R. Clayton Hutchins, Carrollton, TX, for Appellee.

Before Justices BRIDGES, FITZGERALD, and LANG.

OPINION

Opinion by Justice LANG.

McMahon Contracting, L.P. brought suit against the City of Carrollton, claiming the City owed McMahon payment for retainage due under a street replacement contract and additional compensation for "extra work" performed at City's direction. McMahon specifically plead claims for breach of contract, quantum meruit, and interest and attorney fees under the Prompt Payment Act. See...

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