Texas Supreme Court Broadens Contractor Immunity on Public Road Projects
HOUSTON, TX – December 23, 2025 In a major victory, the Texas Supreme Court ruled that a contractor’s public roadway work was both ‘for’ the County and ‘for’ TxDOT,” even though TxDOT did not directly hire the contractor. The Court’s decision broadens statutory protections, clarifying that immunity applies so long as the work is performed ‘for’ TxDOT, such as on projects that TxDOT will ultimately operate and maintain. The ruling also expands the immunity protections to subcontractors where their work is “for TxDOT”.
The Court rejected a lower court’s attempt to add a ‘privity’ requirement into the law, which would have limited immunity only to general contractors hired directly by TxDOT. Instead, the justices focused on the plain language of the statute, finding that the Legislature deliberately omitted any mention of a direct contractual relationship. The Court then clarified what it means to perform work ‘for’ TxDOT, holding that the immunity shield extends to both contractors and subcontractors on projects where TxDOT will ultimately assume responsibility for operation and maintenance-even if another government entity, like a county, manages the construction contract.
Andrews Myers is proud to have contributed to this important outcome. On behalf of our clients, the Associated General Contractors—Texas Building Branch, Associated Builders and Contractors of Texas, Inc., Houston Contractors Association, and Jordan Foster Construction, firm attorneys Ben Westcott, Andrew Bender, and Elliot Kudisch filed a compelling amicus curiae (‘friend of the court’) brief urging the Court to adopt the reasoning it ultimately followed.
This landmark ruling provides critical and much-needed clarity, reinforcing liability protections for the thousands of contractors and subcontractors who build and maintain Texas’s vital public infrastructure. The case is Third Coast Services, LLC v. Castaneda, No. 23-0848 (Tex. Dec. 12, 2025).
For further information on these developments, please contact Ben Westcott.
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