Pool Defect Claims Contractual, Not Tort: 5th Circ.

Law360, New York (August 10, 2009, 1:52 PM EDT) -- Ruling that the claims in an underlying fight over defects at a Texas swimming pool construction project constitute breach of contract rather than tort, a federal appeals court has affirmed a district court's decision that Century Surety Co. is not required to defend or indemnify a Fort Worth-based contractor.

Friday's ruling in the U.S. Court of Appeals for the Fifth Circuit affirmed a 2006 decision against Hardscape Construction Specialties Inc.

The litigation arose after Hardscape and a developer called Hillwood Residential Services LP entered a contract...
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