Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Hurson grants, in part, two third-party subcontractors’ motion to dismiss this negligence and contract dispute brought by the water and sewer authority. The original construction company that hired the subcontractors failed to properly analyze the environmental conditions on land that the water and sewer authority bought, causing them to perform environmental remediation along with other buried debris and waste. The water and sewer authority fails to allege claim of breach of contract against the subcontractors and the language in both subcontracts does not grant them beneficiary status. The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors. The water and sewer authority’s request for leave is denied as currently presented.