Texas Supreme Court

El Paso Field Services, L.p. and Gulfterra South Texas, L.p. F/k/a/ El Paso South Texas, L.p., Petitioners, V…

December 21, 201256 Tex. Sup. Ct. J. 174

Summary

The Texas Supreme Court held that the pipeline construction contract allocated the risk of undiscovered foreign crossings to MasTec, interpreting the all‑risks provisions as controlling and the due‑diligence specifications as a joint effort that did not shift risk to El Paso. Accordingly, the Court reversed the Court of Appeals and reinstated the trial court’s judgment in favor of El Paso.