Bhakta v. 2B2E, Inc. (Tex.App. - Houston [14th Dist.] August 22, 2006)(Seymore) [suit on sworn account, building supplies, evidentiary objection, admission of evidence] AFFIRMED: Opinion by Justice Seymore 14-04-01152-CV Mike Bhakta and Greenway Plaza Hospitality Inc. v. 2B2E, Inc., DBA Hughes Lumber-Plus Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
August 15, 2006 - Houston Court of Appeals Affirms Trial Court Judgment in Contractors’ Dispute Over Minute Main Park Retractable Roof
Hirschfeld Steel Co. v. Kellog Brown & Root Inc. (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Frost) [construction law, dispute between subcontractor and general contractor, breach of contract, warranty, retainage, counterclaim, declaratory judgment] AFFIRMED: Opinion by Justice Frost 14-04-00504-CV Hirschfeld Steel Company, Inc. v. Kellogg Brown & Root, Inc. (KBR), and Harris County-Houston Sports Authority--Appeal from 270th District Court of Harris County
This case arises out of the construction of what is now known as Minute Maid Park and involves disputes among the owner of the ball park, the general contractor, and one of its subcontractors. The subcontractor sued the general contractor asserting contract claims for retainage and contract damages as well as seeking a declaratory judgment against both the owner and the general contractor that the subcontractior’s ten-year warranty on the park’s retractable roof was void. The general contractor asserted a counterclaim for breach of contract and declaratory relief. The trial court granted summary judgment denying the subcontractor’s claims for declaratory relief against the general contractor and the owner. After a jury trial, the trial court rendered judgment that both the subcontractor and the general contractor take nothing on their claims against each other. On appeal, the subcontractor (1) challenges the legal and factual sufficiency of the jury’s finding that it did not substantially perform its duties under the subcontract, (2) asserts the trial court abused its discretion in admitting evidence regarding the warranty, (3) claims the trial court erred in not rendering judgment in its favor on an allegedly separate and independent contract claim for maintenance work on the roof, and (4) argues the trial court erred in rendering summary judgment dismissing its declaratory-judgment claims. In its cross-appeal, the general contractor asserts the trial court erred in denying it attorney’s fees under provisions of the subcontract allowing the prevailing party in litigation between the subcontractor and the general contractor to recover attorney’s fees. We affirm the trial court’s judgment.
Aug 1, 2006 - Homeowner’s inverse condemnation suit against state agency failed; homes were flooded because road construction blocked drainage ditch
DR Horton-Texas v. Markel Int. Co. Lim (Tex.App.-Houston [14th Dist.] June 29, 2006)(by Guzman) [residential construction liability, indemnity, latent defect AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman 14-05-00486-CV DR Horton-Texas Ltd v. Markel International Company Limited and Sphere Drake Insurance Limited, Ltd. Appeal from 281st District Court of Harris County (Judge David J. Bernal)
In Re Jimmy Ash (Tex.App.-Houston [14th Dist.] June 29, 2006)(by Hedges) http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=82293 [contempt, commitment order issued in residential construction dispute, writ of habeas corpus granted, order is ambiguous and vague, and cannot be enforced by contempt] MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges 14-06-00413-CV In Re: Jimmy Ash Appeal from 113th District Court of Harris County (Patricia Ann Hancock)
Fondren Construction Co. v. Briar Cliff Housing (Tex.App.–Houston [1st Dist.] April 13, 2006)(by Bland) [construction case law, subcontractor, breach of contract BoC, unjust enrichment, foreclosure of lien interest, fraud and fraud in the inducement, negligent misrepresentation, right to recover on construction payment bond, construction subcontracting work, Property Code, bond requirements, bench trial, summary judgment evidence, defense of limitations, suit not brought within one year of recordation of surety, bond] AFFIRM TC JUDGMENT: Opinion by Justice Jane Nenninger Bland 01-04-01293-CV Fondren Construction Company, Inc., and Robert G. Lubkeman v. BriarCliff Housing Development Associates, Inc., DPMC-Briarcliff, L.P., and John Deere Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray )
