Mastec Industrial Corp v. Ascend Performance Materials Operations LLC, et al

On May 18, 2023, Mastec Industrial Corp initiated a federal lawsuit in the Southern District of Texas against Ascend Performance Materials Operations LLC and related entities. The litigation originates from a 2021 incident at Ascend's Cantonment, Florida chemical plant, where Mastec employees sustained injuries due to exposure to hazardous chemicals while performing hydroblasting operations. After paying workers' compensation benefits to the affected employees, Mastec sought recovery from Ascend under theories of gross negligence, breach of contract, and contractual indemnity. Mastec argued that Ascend failed to properly identify and isolate toxic substances in the work area. The case addresses critical questions of premises liability and the scope of indemnity obligations between plant operators and independent contractors. As of the latest filings, the case remains in the discovery phase with no final judgment entered.

The case is currently pending before the U.S. District Court for the Southern District of Texas; no dispositive motion or trial verdict has been rendered.

Whether Ascend Performance Materials was grossly negligent in failing to ensure a safe workplace, and whether the contractual indemnification clauses obligate Ascend to reimburse Mastec for all workers' compensation payments and consequential damages stemming from the chemical exposure.

The lawsuit has drawn industry attention to the allocation of risk between chemical plant owners and maintenance contractors, reinforcing discussions on tightening safety requirements, clarifying hold harmless and indemnity provisions in service agreements, and the application of Texas law to multi-state industrial incidents.