Texas Asphalt Company loses $8.6 million jury award

By Lauren Castle (July 28, 2022, 7:51 p.m. EDT) — A Texas appeals court has thrown out a $10 million judgment in a construction cost dispute for a railroad infrastructure project, saying the underlying contract was too ambiguous to have been interpreted by a judge instead of a jury.

The Waco Tenth Court of Appeals overturned a jury verdict that awarded $8.7 million plus prejudgment interest and attorneys’ fees to U.S. asphalt company Polyco Inc. The jury found that Polyco had been injured by the Texas Central Business Lines Corp. build a plant for the company to increase its asphalt shipping capacity.

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