construction law | contractors | general contractor | subcontractors | residential construction defects | breach of contract | DTPA | mechanic's lien | suit on bond | Also see ---> 2006 Houston Construction Law Cases RECENT DECISIONS FROM HOUSTON COURTS OF APPEALS WITH LINKS TO APPELLATE OPINIONS United Fire & Casualty Company v. Boring & Tunneling Company of America (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Keyes) (construction bond, substantial compliance with notice provisions of the McGregor Act found even though sworn statement was defective because notary signature and seal was missing, but issue overruled as a technicality) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Keyes, Hanks and Sharp 01-08-00487-CV United Fire & Casualty Company v. Boring & Tunneling Company of America d/b/a Bortunco Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Ashkar Engineering Corp. v. Gulf Chemical & Metallurgical Corp. (pdf) (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(interlocutory appeal in an industrial construction design defect suit, claim against a licensed professional engineering firm, failure to file a certificate of merit required by statute) We conclude that the substance of GCMC’s claims constitute negligence claims because the acts or omissions complained of amount to a claimed departure from accepted standards of the practice of engineering. As such, all of GCMC’s claims, without regard to their titles, are subject to the requirements of Chapter 150. Because, as we concluded above, GCMC failed to timely comply with Section 150.002, the trial court was required, on Ashkar’s motion, to dismiss the suit. We hold that the trial court erred by denying Ashkar’s motion to dismiss GCMC’s claims.We reverse the order of the trial court and remand for entry of judgment dismissing GCMC’s claims. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-09-00855-CV Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Steven E. Kirkland Hughes v. Bay Area Montessori Houston, Inc. (Tex.App. - Houston [14th Dist.] Dec. 31, 2009)(Frost) (interlocutory appeal, professional malpractice suit) This interlocutory appeal arises out of an architecture-malpractice case. An architect and architectural firm sought dismissal of a school’s claims against them on the basis that the school claimant failed to comply with the certificate-of-merit statute. The trial court denied their motion to dismiss without stating the basis for the denial. In a single issue, the architect and architectural firm assert that the trial court incorrectly applied section 150.002 of the Texas Civil Practice and Remedies Code because the affidavit filed by the school allegedly did not contain a mandatory element. Because the school’s cause of action accrued before the legislature amended the certificate-of-merit statute to permit an interlocutory appeal from the denial of a motion to dismiss, this court lacks jurisdiction to consider this appeal. DISMISSED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-09-00410-CV Brad Hughes and Bay Architects, Inc. ("BAI") v. Bay Area Montessori House, Inc. Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Choy v. Graziano Roofing of Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (construction law, Trust Fund Act violations alleged) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00761-CV Andrew Choy v. Graziano Roofing of Texas, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009) (Radack) (arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb agreement)REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Sherry Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (construction law, BoC, surety liability limited to face amount of bond) AFFIRMED AS MODIFIED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00082-CV William G. West, Chapter 7 Trustee of Classic Contractors of Houston Ltd., and Classic GP, L.L.C., and Western Surety Company v. Triple B Services, LLP Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (construction law, bonding) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Arias v. Brookstone, LP (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Nuchia) (construction law, contractors, mechanic's lien, filing, bond) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia 01-05-00746-CV Gustavo Arias d/b/a Gus Trucking Service v. Brookstone, L.P. and Liberty Mutual Insurance Company Appeal from 190th District Court of Harris County (The Honorable Jennifer Elrod) This appeal arises out of disputes over the construction of a new building for the Unity Church of Christianity. Among other things, we must decide whether Property Code section 53.055 requires that a mechanic's, contractor's, and materialman's lien affidavit be filed with the county clerk before the required notice is given. Tex. Prop. Code Ann. § 53.055 (Vernon Supp. 2007). We hold that it does not. Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Seymore)(construction contract, unclean hands) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore 14-06-00703-CV Design Electric v. Cadence McShane Corporation Appeal from 281st District Court of Harris County (Hon. David Jorge Bernal) Fish v. Marsters Co. (Tex.App.- Houston [14th Dist.] May 17, 2007)(Frost)(construction defect) [homeowner law, residential construction dispute, contractor, subcontractor) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-06-00129-CV Scott Fish v. Marsters Company, Frank H. Marsters, Individually and Pedigo Services, Inc.--Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18, 2007)(Hudson) (construction law, mechanics lien, summary judgment reversed, fact issue) REVERSED AND REMANDED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00769-CV John Tsertos and Dundas Holdings, Inc. v. Yammine Gabriel Yammine, Et Al Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Fish v. Marsters Co. (Tex.App.- Houston [14th Dist.] May 17, 2007)(Frost)(construction defect) [homeowner litigation, residential construction dispute, contractor, subcontractor) Ton's Remodeling v. Tot Hoi Fund d/b/a Fung's Kitchen (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Hanks) (construction dispute, commercial, BoC, sworn account) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks 01-05-01077-CV Ton's Remodeling v. Tot Hoi Fund d/b/a Fung's Kitchen Appeal from County Civil Court at Law No 2 of Harris County (Hon. Gary Michael Block) City of Houston v. Swinerton Builders, Inc (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Alcala) (law suits by and against the City of Houston) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala 01-06-00870-CV The City of Houston v. Swinerton Builders, Inc. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Hickman v. Dudensing (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland) (construction defect) (homeowner law, DTPA, statute of limitations) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-06-00458-CV David C. Hickman v. Royce Dudensing Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Cabo Construction v. R.S. Construction (Tex.App. - Houston [1st Dist.] Apr. 12, 2007)(Keyes) (slip and fall, premises liability, negligence, indemnity, construction law, general contractor-subcontractor agreement, indemnification, ambiguity in indemnity provision, conspicuousness requirement) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes 01-05-00487-CV Cabo Construction, Inc. v. R S Construction Appeal from 157th District Court of Harris County Rogers v. Texas Sterling Construction (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Yates)(premises liability, death) Weinberger v. Longer (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) (construction contract, fraud, exemplary damages, sanctions) AFFIRMED: Opinion by Justice Seymore 14-05-01285-CV Sid Weinberger v. Larry G. Longer Appeal from County Court at Law No 1 of Galveston County Trial Court Judge: Mary Nell Crapitto Gilbane Building Co. v. Two Turner’s Electric Co. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Anderson) (construction law, dispute, subcontractor, school construction build out, breach of contract, proof of damages, costs, defense of waiver) |
| Construction Law Cases fom Houston Courts of Appeals Houston Opinions |
| RECENT TEXAS SUPREME COURT CONSTRUCTION LAW DECISIONS (Tex 2009) (Tex. 2008) (Tex. 2007) Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett)(indemnity, water damage due to faulty installation work, equitable subrogation standing, construction law) G.E. v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister) (workplace injury, premises liability, independent contractor, no duty holding in this case precludes land owner liability for contractor's injury) Justice Green delivered a dissenting opinion Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister) (arbitration award in favor of home owner in residential construction dispute overturned on waiver theory) In Re U.S. Home Corp, Lennar Corp et al, No. 03-1080 (Tex. Oct. 12, 2007)(per curiam)(mandamus, arbitration between home owners and builder compelled, residential construction defect) Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(premises owner and exclusive remedy defense under Workers' Compensation Act) Lamar Homes Inc. v. Mid-Continent Casualty Co., No. 05-0832 (Tex. Aug. 31, 2007)(Medina)(insurers duty to defend, home construction defect) The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Reliance National Indemnity Co v. Advanced Temporaries, Inc., No. 05-0558 (Tex. Jun. 8, 2007)(Medina)(subcontractor's mechanics lien) Childers v. Advanced Foundation Repair, No. 05-0831 (Tex. May 26, 2006)(per curiam opinion)(arbitration, construction law) |
