I.O.I. Systems, Inc. (IOI) brought suit to recover $96,891.70 allegedly owned pursuant to a construction contract. IOI and the city of Cleveland, Texas (City) had entered into said contract for the construction of sanitary sewer improvements in Cleveland. Bayshore Engineers, Inc. (BEI) and C. Dieter Ufer (Ufer) designed the plans for this project and served in a supervisory capacity although they did not act as resident inspectors for the project. There was never any contract executed between BEI, Ufer and IOI.