First Texas Bank v. Chris Carpenter

Summary

The Supreme Court of Texas held that, under Texas Civil Practice and Remedies Code Chapter 95, a contractor is someone who works on an improvement to real property and need not have a formal contract with the property owner. The Court nevertheless concluded that Chapter 95 did not apply because the evidence did not establish that Carpenter was performing covered repair, renovation, construction, or modification work when he was injured. The Court affirmed the court of appeals’ judgment for different reasons and remanded the case for further proceedings.

Holdings

1. In the context of Chapter 95, a contractor is someone who works on an improvement to real property; the statute does not require a formal, written, detailed, or otherwise actual contract with the property owner.
2. Chapter 95 applies only when the contractor, subcontractor, or employee is injured while engaged in constructing, repairing, renovating, or modifying an improvement to real property. The evidence did not establish that Carpenter had been retained to perform such work when he was injured.
3. The trial court erred in granting summary judgment for the Bank because the record did not establish that Chapter 95 applied to Carpenter's injury.

Questions Presented

1. Whether Chapter 95 of the Texas Civil Practice and Remedies Code requires a person working on an improvement to real property to have an actual contract with the property owner in order to qualify as a statutory contractor.
2. Whether Chapter 95 applies when the injured person was investigating roof damage and showing it to an insurance adjuster, but the evidence does not establish that he had been retained to construct, repair, renovate, or modify the roof.
3. Whether the trial court properly granted summary judgment for the property owner under Chapter 95.

Disposition

affirmed