E. W. Hayek, Petitioners v. Western Steel Company, Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that owner‑builders who act as their own contractors through multiple separate contracts are liable under Article 5469 of the Mechanics’ and Materialmen’s Lien Act to retain ten percent of the total cost or value of the entire building, not merely ten percent of each individual contract; the 1961 amendment did not alter this measure, and interest on the claims accrues from the thirty‑first day after completion of the buildings. Justice Walker dissented, arguing for a per‑contract measure.