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AUDUBON INDEM. COM. v. CUSTOM SITE-PREP

No. 01-10-00489-CV.

358 S.W.3d 309 (2011)

AUDUBON INDEMNITY COMPANY, as Subrogee of Comanche Contractors, Inc., Appellant, v. CUSTOM SITE-PREP, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing and En Banc Reconsideration Overruled August 29, 2011.

Attorney(s) appearing for the Case

Loren R. Smith , Kelly, Smith & Murrah, P.C., Houston, TX, for Appellant.

Craig Von Sternberg , Bruce Martin Feichtinger , Whitting Von Sternberg , Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices SHARP and BROWN.

OPINION

HARVEY BROWN, Justice.

This appeal primarily concerns the enforceability of an indemnity clause in a written construction contract between a general contractor, Comanche Contractors, Inc., and its subcontractor, CSP Site-Prep, Inc., signed after the completion of the project. In a related arbitration proceeding, the arbitrator concluded that Comanche breached its construction contract with Fort Bend County Child Advocates, Inc. and, through CSP's...

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