Ta Operating Corp. v. Solar Applications Engineering
191 S.W.3D 173, 2005.TX.0007277
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Publisher Description
In this appeal, we are asked to determine whether the doctrine of substantial performance excuses a contractors failure to comply with an express condition precedent to final payment that is unrelated to completion of the building. Concluding that it does not, we grant TA Operating Corporations motion for rehearing. We withdraw our opinion and judgment of March 30, 2005 and issue this opinion and judgment in their place.