Court of Appeals of Texas August 24, 2016, No. 04-16-00223-CV (City of San Antonio ex rel. City Public Service Board v. Tommy Harral Construction, Inc.)

OPINION

Opinion by: Patricia 0. Alvarez, Justice

When CPS Energy’s underground facility was damaged by an excavator, CPS Energy sued the excavator—a general contractor’s subcontractor—for negligence and damages. CPS Energy argued the general contractor’s excavation notice did not excuse the subcontractor from providing the notice required by section 261.151 of the Utility Code.