Lisa Norman, Senior Counsel in the Houston office of Andrews Myers, argued before the Texas Supreme Court this week regarding whether a contractor, subcontractor or supplier may recover attorney fees for a Texas Construction Trust Fund claim.
The Texas Construction Fund Act protects those furnishing labor or materials for the construction or repair of a project and it requires that funds are held in trust for all parties in the construction chain. In the case before the Court, she advocated on behalf of a supplier client who was not paid despite the fact the general contractor had received payment in full from the owner for all of the materials supplied to the construction project.
Ms. Norman prevailed in the trial court on all claims and was awarded attorney fees. We now await the opinion from the Texas Supreme Court on this matter, which will affect all contractors, subcontractors and suppliers who are the victim of a construction trust fund violation.