Texas Supreme Court Weighs in on Chapter 95 Dispute, Affirms Take-Nothing Judgment for Dow Chemical

AUSTIN, Texas –– The Texas Supreme Court has affirmed a take-nothing judgment entered in favor of Dow Chemical, agreeing with an intermediate appellate court’s finding that Chapter 95 applies to independent contractors’ claims against property owners for damages allegedly caused by negligence when the claims arise from the contractor’s construction or modification of an improvement to real property.

In the May 8 order, the high court further found that “Chapter 95 limits property owner liability on claims for personal injury, death, or property damage caused by negligence, including claims concerning a property owner’s own contemporaneous negligent activity.”

The underlying …