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ATKINS NORTH AMERICA, INC. v. CCE, INC.

No. 11-0481.

481 S.W.3d 214 (2015)

ATKINS NORTH AMERICA, INC. f/k/a Post, Buckley, Schuh & Jernigan, Inc., PBS & J Construction Services, Inc. and Yu-Chun Su, P.E., Petitioners, v. CCE, INC., Respondent.

Supreme Court of Texas.

Opinion delivered: June 12, 2015.

Attorney(s) appearing for the Case

Peyton Mcknight , Austin, for Amicus Curiae American Council of Engineering Companies of Texas.

C.A. Davis , Daniel R. Smith , Elizabeth Bloch , Husch Blackwell LLP, Austin, for Petitioner Atkins North America, Inc. f/k/a PBS & J Construction Services, Inc., Post, Buckley, Schuh & Jernigan, Inc. and Yu-Chun Su, P.E.

Benton Thomas Wheatley , Coats Rose Yale Ryman & Lee PC, Charles R. `Skip' Watson Jr. , Locke Lord LLP, Austin, Christopher Benjamin Dove , Locke Lord LLP, Houston, Mike A. Hatchell , Locke Lord LLP, Rex Jason Zgarba , Coats Rose Yale Ryman & Lee PC, Austin, for Respondent CCE, Inc.

Petitioners, referred to collectively as Atkins, move for rehearing of the Court's denial of their petition for review. We overrule the motion for rehearing with the following opinion.

The Texas Department of Transportation ("TxDOT") hired CCE, Inc. as general contractor on a road construction project to be built according to plans...

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