Peek/Howe Real Estate, Inc. v. Brown & Gay Engeers, Inc.--Appeal om Co Civil Ct at Law No 4 of Harris County :: 2012 :: Texas Court of Appeals, Fourteenth District Decisns :: Texas Case Law :: Texas Law :: US Law :: Jtia

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The Fort Bend County Toll Road Authory (the Authory) was a lol ernment rporatn created to sign, build, and operate the Wtpark Tollway. The Authory lawfully ntracted wh Brown & Gay Engeerg, Inc. (Brown & Gay), a private engeerg firm, to sign and nstct the Ford Bend County portn of the Tollway. In 2007, an toxited driver entered an ex ramp of the Tollway and llid wh a r driven by Pedro Olivar, who was killed the accint. Platiffs sued the Authory and Brown & Gay, allegg that the failure to sign and stall proper traffic-ntrol vic around the ex ramp proximately ed the cent’s ath. The urt of appeals reversed the trial urt’s nial of the Authory’s plea to the jurisdictn on ernmental-immuny grounds, ncludg that the Authory was immune om su. Brown & Gay then filed s own plea to the jurisdictn seekg the same sovereign-immuny protectn that the Authory would enjoy had performed the work self. The urt of appeals nied relief. The Supreme Court affirmed, holdg that sovereign immuny do not extend to private ntractors based solely on the nature of the ntractors’ work.

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BROWN & GAY ENGEERS, INC.

Brown & Gay Engeers, Inc. | 18 followers on LkedIn. BGE is an engeerg nsultg firm based out of Hoton, Texas that provis servic civil engeerg, public works, public astcture, private velopment, environmental scienc, dtrial velopment, land planng, nstctn servic and surveyg the Hoton and Texas markets. * brown & gay engineers *

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BROWN & GAY ENGEERS INC

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BROWN & GAY ENGEERS INC. (BGE)

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BROWN & GAY ENGEERS (BGE)

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(Brown & Gay), a private engeerg firm, to sign and nstct the Ford Bend County portn of the Tollway.

Platiffs sued the Authory and Brown & Gay, allegg that the failure to sign and stall proper traffic-ntrol vic around the ex ramp proximately ed the cent’s ath. Brown & Gay then filed s own plea to the jurisdictn seekg the same sovereign-immuny protectn that the Authory would enjoy had performed the work self.

PEEK/HOWE REAL ESTATE, INC. V. BROWN & GAY ENGEERS, INC.--APPEAL OM CO CIVIL CT AT LAW NO 4 OF HARRIS COUNTY (MEMORANDUM OPN )

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Rather than utilize ernment employe to rry out s rponsibili, the Authory entered to an Engeerg Servic Agreement wh Brown & Gay Engeerg, Inc. ” Unr that agreement, the Authory legated the rponsibily of signg road signs and traffic layouts to Brown & Gay, subject to approval by the Authory’s Board of Directors. 1 Brown & Gay was ntractually rponsible for furnishg the necsary equipment and personnel to perform s duti and was required to mata surance for the project, cludg workers’ pensatn, 1 The Authory mataed no full-time employe.

Olivar’s mother, dividually and as reprentative of his tate, and his father sued the Authory and Brown & Gay, among others, 2 allegg that the failure to sign and stall proper signs, warng flashers, and other traffic-ntrol vic around the ex ramp where the toxited driver entered the Tollway proximately ed Olivar’s ath. Brown & Gay then filed s own plea to the jurisdictn, argug that was an employee of the Authory beg sued s official pacy and was therefore entled to ernmental immuny.

They amend their petn to add Brown & Gay and Michael Stone Enterpris, Inc. The trial urt granted the plea, but the urt of appeals reversed, holdg that Brown & Gay was not entled to ernmental immuny bee was an pennt ntractor, not an “employee” of the Authory as that term is fed the Texas Tort Claims Act.

HOTON RTRANT’S OFFER OF HALF PRICE TO ‘BROWN & GAY’ EMPLOYE INSPIR ANGER

Peek/Howe Real Estate, Inc. v. Brown & Gay Engeers, Inc.--Appeal om Co Civil Ct at Law No 4 of Harris County * brown & gay engineers *

In this Court, Brown & Gay argu that s stat as an pennt ntractor rather than a ernment employee do not foreclose s entlement to the same immuny afford to the Authory.

A Hoton rtrant offered half price to 'Brown & Gay' employe on MLK Day, spirg a flurry of angry lls to lol Hoton statn KHOU. * brown & gay engineers *

” Brown & Gay further argu that the purpos of sovereign immuny are served by extendg to private enti performg thorized ernmental functns for which the ernment self would be immune.

Effect of Statut Extendg or Limg Immuny Notwhstandg the doctre’s judicial origs, both parti argue part that the Legislature has rolved whether to extend sovereign immuny to a private ntractor like Brown & Gay. Brown & Gay c a statute that explicly prohibs private parti that ntract wh the ernment to fance, nstct, operate, mata, or manage rrectnal facili om claimg sovereign immuny a su arisg om servic unr the ntract. 5 Brown & Gay fers om this provisn that sovereign immuny extends to private enti ntractg to perform ernment functns, unls otherwise provid by statute.

Extendg Sovereign Immuny to Brown & Gay Do Not Further the Doctre’s Ratnale and Purpose Guidg our analysis of whether to extend sovereign immuny to private ntractors like Brown & Gay is whether dog so ports wh and furthers the legimate purpos that jtify this otherwise harsh doctre.

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6 To that end, Brown & Gay is rrect that the Tort Claims Act do not create sovereign immuny; “provis a limed waiver” of that immuny. 8 Seizg on the general purpose of protectg the public fisc, Brown & Gay argu that immuny for ernment ntractors will save the ernment money the long term.

More specifilly, while Brown & Gay regniz that s exposure to fense sts and a money judgment will not affect the Tollway project’s st to the ernment, Brown & Gay asserts that the creased sts generally associated wh ntractors’ ligatn exposure will be passed on to the ernment, rultg higher ntract pric and ernment expense. As an ial matter, we note that Brown & Gay c no evince to support s proposed jtifitn and ignor the many factors at play wh the highly petive world of ernmentntract biddg. It also disregards the fact that private pani n and do manage their risk exposure by obtag surance, as Brown & Gay did this se.

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Brown & Gay Engeers (BGE) - Executive Summary |Constctn Journal .

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