City of Irving v. Inform Constr., Inc., 201 S.W.3d 693 (Tex. 2006). · Go Syfert
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City of Irving v. Inform Constr., Inc., 201 S.W.3d 693 (Tex. 2006). Cases Citing This Book View Copy Cite
“as we explained in reata , however, the city retains immunity from suit ... to the extent inform's damages exceed amounts offsetting the city's monetary recovery.”
43 citation events (43 in the last 25 years) across 2 distinct courts.
Strongest positive: Dr. Behzad Nazari, D.D.S. v. State (tex, 2018-06-22)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (quoted) Dr. Behzad Nazari, D.D.S. v. State
Tex. · 2018 · quote attribution · 1 verbatim quote · confidence low
as we explained in reata , however, the city retains immunity from suit ... to the extent inform's damages exceed amounts offsetting the city's monetary recovery.
cited Cited as authority (rule) Naismith Engineering, Inc. v. the City of Aransas Pass, Texas
Tex. App. · 2019 · confidence medium
City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex. 2006); City of Angleton v. USFilter Operating Servs., Inc., 201 S.W.3d 677, 678 (Tex. 2006).
discussed Cited as authority (rule) State v. Paul Reed Harper
Tex. · 2018 · confidence medium
Contrary to the Court’s assertion that Reata “does not hold that a monetary claim is a necessary condition for abrogation in every instance,” ante at ___, we have remanded a number of cases for reconsideration in light of Reata, explaining that under Reata, the government “retains immunity from suit as to [counterclaims] for monetary damages . . . to the extent [the counterclaimant seeks damages that] exceed amounts offsetting the [government’s] monetary recovery, absent legislative waiver of that immunity.” City of Irving v. Inform Const., Inc., 201 S.W.3d 693, 694 (Tex. 2006) (pe…
discussed Cited as authority (rule) Dowtech Specialty Contractors, Inc. v. City of Nacogdoches and Aeromix Systems, Inc.
Tex. App. · 2015 · confidence medium
City of San Antonio v. KGME, Inc., 340 S.W.3d 870, 877 (Tex.App. – San Antonio 2011, no pet.) (holding that after a city countersued plaintiff for breach of contract, plaintiff was permitted to seek common-law damages, including consequential, incidental, and compensatory damages, to offset the city’s claim; City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex. 2006); Water Sup. v. City of Alton, 354, supra. Since the City filed a counterclaim, Dowtech is now permitted to seek common-law damages, including consequential, incidental, and compensatory damages, to offset the city�…
discussed Cited as authority (rule) the City of Conroe, Texas and J. R. Moore Jr., in His Capacity as the Montgomery County Tax Assessor and Collector v. TPProperty LLC
Tex. App. · 2015 · confidence medium
In City of Irving v. Inform Constr., Inc., the Court held that a city “does not have immunity from suit for claims germane to, connected with, and properly defensive to its counterclaim to the extent [the opposing party’s] claims act as an offset against the [c]ity’s recovery.” 201 S.W.3d 693, 694 (Tex.2006).
discussed Cited as authority (rule) Keith Redburn v. Charmelle Garrett, Individually and as City Manager of the City of Victoria, Texas and Lynn Short, Individually and as Director of Public Works of the City of Victoria, Texas and City of Victoria, Texas (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
As set forth above, the City “does not have immunity from suit for claims germane to, connected with, and properly defensive to its [cross-claims] to the extent [appellant’s] claims act as an offset against the City’s recovery.” City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Triple X-Ray, Inc. v. Winkler County Memorial Hospital
Tex. App. · 2012 · confidence medium
City of Irving v. Inform Const., Inc., 201 S.W.3d 693, 694 (Tex.2006) (per curiam).
cited Cited as authority (rule) Triple X-Ray Inc. v. Winkler County Memorial Hospital
Tex. App. · 2012 · confidence medium
City of Irving v. Inform Const., Inc., 201 S.W.3d 693, 694 (Tex. 2006) (per curiam).
discussed Cited as authority (rule) Sharyland Water Supply Corp. v. City of Alton
Tex. · 2011 · confidence medium
Shortly after Reata , we held that a city “does not have immunity from suit for claims germane to, connected with, and properly defensive to its counter claim to the extent [the opposing party’s] claims act as an offset against the City’s recovery.” City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006) (per curiam).
examined Cited as authority (rule) Harris County, Texas v. Sonia Luna - Prudencio (3×) also: Cited "see, e.g."
Tex. App. · 2009 · confidence medium
Id. at 378; City of Irving v. Inform Const., Inc. , 201 S.W.3d 693, 694 (Tex. 2006) (city did not have immunity from suit, as to contractor's compulsory counterclaim for breach of contract, for claims germane to, connected with, and properly defensive to city's for breach of contract, to extent contractor's claims acted as offset against city's recovery); Sweeny , 226 S.W.3d at 589 .
examined Cited as authority (rule) Harris County v. Luna-Prudencio (3×) also: Cited "see, e.g."
Tex. App. · 2009 · confidence medium
Id. at 378; City of Irving v. Inform Const., Inc., 201 S.W.3d 693, 694 (Tex.2006) (city did not have im *697 munity from suit, as to contractor’s compulsory counterclaim for breach of contract, for claims germane to, connected with, and properly defensive to city’s for breach of contract, to extent contractor’s claims acted as offset against city’s recovery); Sweeny, 226 S.W.3d at 589 .
cited Cited as authority (rule) La Joya Independent School District v. Bio-Tech Solutions, Inc.
Tex. App. · 2009 · confidence medium
City of Dallas v. Bargman , 207 S.W.3d 926, 931 (Tex. App.-Dallas 2006, no pet.) (citing City of Irving v. Inform Constr., Inc. , 201 S.W.3d 693, 694 (Tex. 2006) (per curiam)). 25.
discussed Cited as authority (rule) Metropolitan Transit Authority of Harris County, Texas v. Cubic Transportation Systems, Inc. (2×)
Tex. App. · 2008 · confidence medium
Eng'g, Inc. , 201 S.W.3d 692, 693 (Tex. 2006); City of Irving v. Inform Constr., Inc. , 201 S.W.3d 693, 694 (Tex. 2006)).
cited Cited as authority (rule) Metropolitan Transit Authority of Harris County, Texas v. Cubic Transportation Systems, Inc.
Tex. App. · 2008 · confidence medium
Eng’g, Inc. , 201 S.W.3d 692, 693 (Tex. 2006); City of Irving v. Inform Constr., Inc. , 201 S.W.3d 693, 694 (Tex. 2006).
cited Cited as authority (rule) Texas Department of Transportation v. Crockett
Tex. App. · 2008 · confidence medium
City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006); City of Angleton v. USFilter Operating Servs., Inc., 201 S.W.3d 677, 678 (Tex.2006).
cited Cited as authority (rule) Texas Department of Transportation v. Allan A. Crockett and Gulf Coast Contractors, Inc.
Tex. App. · 2008 · confidence medium
City of Irving v. Inform Constr., Inc ., 201 S.W.3d 693, 694 (Tex. 2006); City of Angleton v. USFilter Operating Servs., Inc ., 201 S.W.3d 677, 678 (Tex. 2006).
cited Cited as authority (rule) Texas Department of Transportation v. Allan A. Crockett and Gulf Coast Contractors, Inc.
Tex. App. · 2008 · confidence medium
City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex. 2006); City of Angleton v. USFilter Operating Servs., Inc., 201 S.W.3d 677, 678 (Tex. 2006).
discussed Cited as authority (rule) City of Dallas v. DeQuire
Tex. · 2008 · confidence medium
See Dallas Fire Fighters Ass’n v. City of Dallas, 231 S.W.3d 388, 388-89 (Tex.2007) (per cu-riam); City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006) (per curiam); Tooke v. City of Mexia, 197 S.W.3d 325, 343 (Tex.2006) (citing Federal Sign v. Tex. S. Univ., 951 S.W.2d 401 , 408 n. 1 (Tex.1997)); Reata, 197 S.W.3d at 378 .
cited Cited as authority (rule) City of Dallas v. Bargman
Tex. App. · 2006 · confidence medium
City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006) (per curiam).
cited Cited "see" Carroll Independent School District v. Northwest Independent School District, Josh Wright, Mark Schluter, Steve Sprowls, Judy Copp, Ann Davis-Simpson, Lillian Rauch, and Ryder Warren, in Their Official Capacities Only
Tex. App. · 2021 · signal: see · confidence high
See City of Irving v. Inform Constr, Inc, 201 SW.3d 693, 694 (Tex. 2006) (per curtam).] We do not construe Alton’s argument as asserting immunity to liability.
discussed Cited "see" City of New Braunfels, Texas v. Carowest Land, Ltd. (2×)
Tex. App. · 2014 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 693-94 (Tex.2006) (per curiam). 71 .
cited Cited "see" State v. Fidelity & Deposit Co. of Maryland
Tex. · 2007 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006) (per curiam).
cited Cited "see" City of Dallas v. Saucedo-Falls
Tex. · 2007 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006); Tooke v. City of Mexia, 197 S.W.3d 325, 343 (Tex.2006) (citing Fed.
cited Cited "see" City of Sweetwater v. Waddell
Tex. · 2007 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006).
examined Cited "see" Muenster Hospital District v. Bonnie Carter, M.D., and Karla Davidson-Cox, M.D. (3×)
Tex. App. · 2007 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex. 2006) (holding that whether counterclaim is compulsory has no bearing on whether city waived immunity from suit).
examined Cited "see" Muenster Hospital District v. Carter (3×)
Tex. App. · 2007 · signal: see · confidence high
See City of Irving v. Inform Constr., Inc., 201 S.W.3d 693, 694 (Tex.2006) (holding that whether counterclaim is compulsory has no bearing on whether city waived immunity from suit).
Retrieving the full opinion text from the archive…
CITY OF IRVING, Petitioner,
v.
INFORM CONSTRUCTION, INC., Respondent
04-0984.
Texas Supreme Court.
Aug 31, 2006.
201 S.W.3d 693
2006 Tex. LEXIS 798
2006 WL 2506050
W. Andrew Messer, Frisco, David C. Caylor, City Attorney, Irving, for Petitioner., Stephen D. Harrison, Henry E. Steck, Andrew B. Piel, Harrison Steck Hoover & Drake, P.C., Fort Worth, for Respondent.
Per Curiam.
Cited by 32 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Texas Supreme Court (1)
PER CURIAM.

Inform Construction, Inc. sued the City of Irving for breach of contract. The City filed a counterclaim for breach of the same contract and filed a plea to the jurisdiction based on governmental immunity.

The trial court denied the City’s plea to the jurisdiction, and the court of appeals affirmed the trial court’s order. 143 S.W.3d 371. The court of appeals held[*694] that the City’s decision to file a counterclaim waived its immunity. Id. at 374.

Based on our reasoning in Reata Construction Corp. v. City of Dallas, 197 S.W.3d 371 (Tex.2006), we agree that the City does not have immunity from suit for claims germane to, connected with, and properly defensive to its counterclaim to the extent Inform’s claims act as an offset against the City’s recovery. Although the City argues that the assertion of a compulsory counterclaim, as opposed to claims brought as a plaintiff, does not impact its immunity, we disagree. We see no difference between a compulsory counterclaim and a counterclaim which is not compulsory insofar as whether the City has immunity from suit. See id. As we explained in Reata, however, the City retains immunity from suit as to Inform’s action for monetary damages arising from claims not germane to, connected with, and properly defensive to the City’s counterclaim and also retains immunity from suit to the extent Inform’s damages exceed amounts offsetting the City’s monetary recovery, absent legislative waiver of that immunity. See id.

Inform also argues that section 51.075 of the Local Government Code and “sue and be sued” language in the City’s charter waive the City’s immunity. For the reasons explained in Tooke v. City of Mexia, 197 S.W.3d 325 (Tex.2006), we hold that section 51.075 and the City Charter do not contain clear and unambiguous waivers of immunity. See also City of Houston v. Jones, 197 S.W.3d 391 (Tex.2006).

While this case has been pending on appeal, the Legislature enacted sections 271.151-.160 of the Local Government Code, which waive immunity from suit for certain claims against local governmental entities, including municipalities. Sections 271.152-,154 “apply to a claim that arises under a contract executed before [September 1, 2005] ... if sovereign immunity has not been waived with respect to the claim” before that date. Act of May 23, 2005, 79th Leg., R.S., ch. 604, § 2, 2005 Tex. Gen. Laws 1548, 1549. Inform should have the opportunity to argue in the trial court that the City’s immunity from suit either does not exist pursuant to our decision in Reata or that it has been waived by sections 271.151-.160 of the Local Government Code.

Accordingly, we grant the City’s petition for review, and without hearing oral argument, TEX. R. APP. P. 59.1, we reverse the court of appeals’ judgment and remand the case to the trial court for further proceedings.