FROM THE 108TH DISTRICT COURT OF POTTER COUNTY
The appellant entered into a standard form contract to build an hotel addition with the appellee, a construction group. The appellee also sought bids from subcontractors for work involving the framing, drywall, exterior finishing and insulation system (EFIS), roof trusses, and roof decking. After bids were accepted and work commenced, a dispute arose. The appellant filed a lawsuit alleging negligent construction, breach of contract, and civil conspiracy. The petition also contained allegations against the appellee for a construction project, which was subject to an arbitration agreement and was subsequently arbitrated. The trial court confirmed the arbitrator’s award, and the project lawsuit was severed from the matter before the Court. After severance of the Amarillo portion of the lawsuit, the appellee-company filed a no-evidence motion for summary judgment, then filed an amended and supplemental motions for summary judgment, including a traditional motion for summary judgment as to some of the appellant’s claims and added an additional ground for no-evidence summary judgment and an additional ground for traditional summary judgment. A final summary judgment was filed that ordered the appellant take nothing by its claims against the appellee-company. The appellate court determined that the appellee was entitled to summary judgment as a matter of law on the issues of breach of contract and breach of express and implied warranties, and overruled those issues. Further, as to the common law action for negligence against the appellee, the court held the economic loss rule prevented the appellant from maintaining a cause of action. Furthermore, there was nothing more than mere suspicion on the part of the appellant to support the allegation of a civil conspiracy to commit fraud, and summary judgment for appellee was proper. Thus, having overruled each of the appellant’s issues, the trial court’s granting of the summary judgment was affirmed.