Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Solar Applications Engineering, Inc. v. T.A. Operating Corporation

Supreme Court of Texas
327 S.W.3d 104 (2010)


T.A. Operating Corporation (TA) (defendant) hired Solar Applications Engineering, Inc. (Solar) to build a truck stop. Under the terms of TA’s contract with Solar, TA would pay Solar monthly in accordance with Solar’s progress on the project. Once the project was substantially complete, Solar would notify TA, and TA would inspect the project. TA would then provide Solar with a list of items needing correction or completion, called a “punch list.” Once Solar addressed the punch list, Solar could make a final application for payment. The contract specified that the final application for payment should be accompanied by a lien-release affidavit. When Solar had substantially completed construction of the truck stop, TA provided Solar with a punch list. Solar disputed some of the items that TA insisted must be completed before final payment. TA and other subcontractors filed liens against the property. TA terminated its contract with Solar. Solar then submitted a final application for payment, but did not submit a lien-release affidavit. TA refused to pay Solar, claiming that because Solar had failed to submit a lien-release affidavit, Solar had failed to satisfy a condition precedent for payment. Solar sued TA, and the trial court awarded Solar $392,000 in damages. TA appealed. The appellate court reversed the trial court, holding that the lien-release provision of the parties’ contract was a condition precedent of payment that Solar had failed to satisfy. Solar appealed.

Rule of Law


Holding and Reasoning (Wainwright, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

What is the essential issue that the Supreme Court decided differently than the Appellate court related to this case?

Want to see this answer?

Sign up for a free 7-day trial and get access to all answers in our Q&A database

Sign up for a FREE 7-day trial

Tempor minim nulla id mollit ullamco consequat aliquip adipisicing irure officia tempor. Magna sit eiusmod laborum proident laboris ex sunt. Non labore ex officia irure qui et laboris aliqua in minim. Labore velit aliqua proident officia cillum occaecat dolore tempor. Ullamco in consequat labore amet laborum proident reprehenderit anim cillum excepteur. Elit do nostrud nisi excepteur sit dolor pariatur fugiat. Nisi incididunt incididunt do est velit excepteur enim excepteur incididunt mollit pariatur. Irure tempor non in esse do. Laboris eiusmod in ad ut enim est duis ad sint veniam eiusmod.