Texas Supreme Court December 17, 2010, 08-0246 (Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London)

Justice JOHNSON

delivered the opinion of the Court.

We deny Gilbert Texas Construction’s motion for rehearing. We withdraw our opinion of June 4, 2010 and substitute the following in its place.

During a Dallas Area Rapid Transit Authority (DART) construction project, unusually heavy rains resulted in water damage to a building adjacent to the construction site.