Corrosion Not Responsibility of Contractor

Homeowners in a residential subdivision in Harris County, Texas, brought a class action against the Municipal Utility District (MUD) and the waterworks operation contractor, ECO Resources Inc. (ECO) because of damage to the homeowners' water pipes allegedly caused by corrosive water. In 1980, MUD contracted with ECO to operate and maintain its water and sewer works and to deliver water to the homeowners. ECO was to install the tap, pipes, and meter; distribute the water; read the meter; and, bill and collect the monthly payments. The homeowners claimed that the water supplied was highly corrosive and the cause of damage to plumbing systems in their homes. The trial court ruled against the homeowners. With regard to the suit against ECO, the appellate court concluded that it had no control over the natural forces that created the allegedly corrosive condition of the water. Furthermore, the court said that the decision about whether to add chemicals to the water was solely that of MUD's board and not ECO. In addition, the court noted that MUD owned the water and ECO operated the system. “Therefore,” the court said, “it had no liability for the damage allegedly caused by the MUD's decision not to add corrosion inhibitors to the district's water.” The trial court decision releasing ECO from liability was affirmed. However, the court ordered further consideration of whether MUD's decision not to add corrosion inhibitors to the water amounted to a basis for recovery by the homeowners from MUD.