Prompt Payment Act claim (Texas) · Go Syfert
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Prompt Payment Act claim in Texas

8 Texas opinions name it 1 courts 2007–2024 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Alamo Community College District v. Browning Construction Co.green
texapp · 2004 · cited in 3 Texas opinions naming this issue, 2007–2008
2 sentences

2008Alamo Community College District v. Browning Construction Co., 131 S.W.3d 146, 167 (Tex.App.-San Antonio 2004, pet. filed).[ 13 ] Here there was a bona fide dispute between Mid-South and TxDOT and therefore the Prompt Payment Act did not apply.

2008Alamo Community College District v. Browning Construction Co., 131 S.W.3d 146, 167 (Tex.App.-San Antonio 2004, pet. filed).[ 13 ] Here there was a bona fide dispute between Mid-South and TxDOT and therefore the Prompt Payment Act did not apply.

33
Oscar Ortiz v. State Farm Lloydsgreen
tex · 2019 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Ortiz v. State Farm Lloyds, 589 S.W.3d 127 , 135 (Tex. 2019) (“[A]n insurer’s payment of an appraisal award does not as a matter of law bar an insured’s claims under the Prompt Payment Act.”).

11
Barbara Technologies Corporation v. State Farm Lloydsred
tex · 2019 · cited in 1 Texas opinions naming this issue, 2022–2022
2 sentences

2022Id. at 823 (“payment of the appraisal value neither established liability under the policy nor foreclosed [Prompt Payment Act] damages”).

2022Id. at 823 (“payment of the appraisal value neither established liability under the policy nor foreclosed [Prompt Payment Act] damages”).

11
The City of Houston v. Steve Williamsgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020A. Applicable Law and DART’s Arguments “When performing governmental functions, political subdivisions derive governmental immunity from the state’s sovereign immunity.” City of Houston v. Williams, 353 S.W.3d 128, 134 (Tex. 2011) (footnote omitted).

11
National Security Fire & Casualty Co. v. Hurstgreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Hurst , 523 S.W.3d at 847 .

11
Mustang Pipeline Co. v. Driver Pipeline Co.green
tex · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Mustang Pipeline Co. v. Driver Pipeline Co., 134 S.W.3d 195, 196 (Tex. 2004) (“[W]hen one party to a contract commits a material breach of that contract, the other party is discharged or excused from further performance.”).

2015See Mustang Pipeline Co. v. Driver Pipeline Co., 134 S.W.3d 195, 196 (Tex. 2004) (“[W]hen one party to a contract commits a material breach of that contract, the other party is discharged or excused from further performance.”).

11
MCI Sales and Service, Inc. v. Hintongreen
tex · 2010 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475 , 495 n.19 (Tex. 2010) (addressing issue that would “feature prominently on retrial” even though issue was not necessary to ultimate resolution of case). 2 Summary judgment on the Prompt Payment Act claim should be reversed The gist of Pelco’s appeal is that, at a minimum, it was entitled to have a jury decide whether Chambers County committed a prior material breach for which Pelco was entitled to damages and which excused Pelco’s further performance, effectively rendering irrelevant the question of whether Pelco’s subsequent termination o

2015See MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475 , 495 n.19 (Tex. 2010) (addressing issue that would “feature prominently on retrial” even though issue was not necessary to ultimate resolution of case). 2 Summary judgment on the Prompt Payment Act claim should be reversed The gist of Pelco’s appeal is that, at a minimum, it was entitled to have a jury decide whether Chambers County committed a prior material breach for which Pelco was entitled to damages and which excused Pelco’s further performance, effectively rendering irrelevant the question of whether Pelco’s subsequent termination o

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Perry v. Cohen green
tex · 2008
2 sentences

2015Id.

2015Id.

12015–2015

Statutes the citing opinions construe

TX § Tex. Transp. Code § 201.112 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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