EL PASO FIELD SERVICES v. MASTEC N.A.

No. 10-0648.

389 S.W.3d 802 (2012)

EL PASO FIELD SERVICES, L.P. and Gulfterra South Texas, L.P. f/k/a/ El Paso South Texas, L.P., Petitioners, v. MASTEC NORTH AMERICA, INC. and MasTec, Inc., Respondents.

Supreme Court of Texas.

Decided December 21, 2012.

Rehearing Denied February 15, 2013.


Attorney(s) appearing for the Case

Chance Dean Weldon , Pacific Legal Foundation, Sacremento, CA, for Amicus Curiae.

David M. Gunn , John S. Adcock , Murray Fogler , Beck Redden & Secrest, L.L.P., Houston, TX, Harriet O'Neill , Law Office of Harriet O'Neill, PC, Austin, TX, for Petitioner El Paso Field Services, L.P.

Bruce E. Ramage , Levon G. Hovnatanian , Martin Disiere Jefferson & Wisdom LLP, Kevin H. Dubose , Alexander Dubose & Townsend LLP, Houston, TX, Norman C. Sullivan, Jr. , Fowler Rodriguez Valdes-Fauli, New Orleans, TX, for Respondent MasTec North America, Inc.


Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice JOHNSON, Justice WILLETT, and Justice BOYD joined.

In this case, we are asked to harmonize provisions in a pipeline construction contract to determine who bears the risk of obstacles in the pipeline's path. Specifically, we must examine the effect of the contract's risk-allocation provisions in light of due diligence specifications under which the pipeline owner...

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