to support the elements of the defense. Texaco, 729 S.W.2d at 805-06; Whitney Nat’l. Bank, 122 S.W.3d at 207. Over Jenkins’s objection, Occidental declined to request any jury findings with respect to its role in the construction of the acid addition system. Thus, unless Occidental conclusively established that it constructed the acid addition system, its failure to obtain a favorable jury finding is fatal. See Texaco, 729 S.W.2d at 805-06. Section 16.009 expressly limits its application to claims against individuals or entities who “construct[ ] or repair[ ] an improvement.” Tex. Civ. Prac. & Rem.Code Ann. § 16.009(a). A person who merely constructs a product that is later annexed to real property is not a person who “constructs or repairs an improvement.” Sonnier, 909 S.W.2d at 481 (<HOLDING>). It is the annexation that transforms the
holding that forfeiture of real property may be adjudicated before the seizure occurs because real property cannot abscond holding utpa does not apply to real property sales holding that a contract to sell real property was unenforceable because it did not contain a sufficient description of land subject to contract holding statute of repose did not apply to manufacturer of tomato chopper because it had not annexed device to real property holding that plaintiffs may have a property interest in real property