Introduction. A property owner must file a certificate of merit with its construction defect lawsuit based upon errors or omissions committed by architects or engineers. The failure to do so as required by Chapter 150 of the Texas Civil Practices & Remedies Code will result in dismissal of the lawsuit. In Res. Planning Associates
SCOTX Upholds Jury Verdict Favoring Workers Injured by Live Power Line above Owner’s Property
The Los Compadres case, decided by the Supreme Court of TX (SCOTX), addresses Chapter 95 of the Texas Civil Practices & Remedies Code. This important statute sets the minimum criteria that must be met to hold a property owner liable for injuries sustained by a contractor’s employee performing construction work on the property owner’s premises.
City not Immune from Contractor’s Lawsuit for Unpaid Grading Work
Introduction. Doing business with a governmental entity can be tricky business because of the doctrine of governmental immunity. If this doctrine applies, the governmental entity may escape liability for harm it causes to others. Recently, the City of Carrolton filed a plea to the jurisdiction claiming that it was immune from a lawsuit filed
Homebuyers Waived their Contractual Rights to Complain about Defects in Home they Purchased
As you probably have read or heard in the news, we currently are in a seller’s residential real estate market. There is often a bidding frenzy over a home as soon as it is listed, and buyers frequently waive provisions in the standard real estate form contract hoping that their bid will be accepted. The
$200+ Million Oil and Gas Breach of Contract Claim Denied by Texas Supreme Court
Introduction. In the COVID19 age, Business transactions and formal legal proceedings are now commonly being conducted remotely. In the recent Texas Supreme Court decision of Chalker Energy Partners III, LLC v. Le Norman Operating LLC, 595 S.W.3d 668, 669–70 (Tex. 2020), the Court recognizes that transactions conducted remotely and through email can result
Texas Homebuyers Beware–Closing Document Language May Render Seller Disclosure Statements Meaningless
In this residential property contract case, the Court addressed whether “as-is” and disclaimer-of-reliance contractual provisions contained in the closing documents barred the homebuyer’s claims for fraud, negligent misrepresentation and violations of the Deceptive Trade Practice Act (DTPA), even when the seller’s disclosure statement apparently misrepresented and omitted material information. Pogue v. Williamson, 01-17-00844-CV, 2020
Court Holds “As Is” Clause Does Not Bar Homebuyer’s Fraudulent Inducement Claim Against Seller
Introduction. In Ivy v. Garcia, Buyer sued Sellers for fraudulently inducing Buyer into entering a contract and buying Sellers’ defective home. 03-18-00545-CV, 2019 WL 3756483 (Tex. App.—Austin Aug. 9, 2019, no pet. h.). Sellers filed a motion for summary judgment on the basis that the as-is clause in the purchase contact barred Buyer’s
Texas Supreme Court Holds Tenant Justified in Terminating Commercial Lease but Reverses Million Dollar Attorney Fee Award
Introduction. The case of Rhormoos Venture v. UTSW DVA Healthcare, LLP, addressed the issue of whether a tenant is legally permitted to terminate a commercial lease based upon the landlord’s material breach of the lease. 16-0006, 2019 WL 1873428 (Tex. Apr. 26, 2019). The court reviewed its prior decisions on this issue and