Legal Opinion
D.R. Horton - Texas, Ltd. v. William Bernhard and Nadia Bernhard
Texas Court of Appeals, 14th District (Houston)
Decided February 20, 2014No. 14-12-01150-CVPublishedCited by 41 opinions
1Opinion of the Court
OPINION
SHARON MeCALLY, Justice.
William Bernhard and Nadia Bernhard sued D.R. Horton-Texas, Ltd. for damages resulting from a construction defect in the home the Bernhards purchased from D.R. Horton. Pursuant to the sales contract, the trial court referred the case to arbitration. The arbitrator awarded the Bern-hards a total of $114,477.45 in damages, which included $31,027.93 in attorney’s fees as “economic damages” under the Residential Construction Liability Act (RCLA). 1
However, the arbitration paragraph of the sales contract provided: “Each party shall bear the fees and expenses or [sic]…
2Cases cited9 opinions
- Oxford Health Plans LLC v. SutterSupreme Court of the United States · 2013
- Nafta Traders, Inc. v. QuinnTexas Supreme Court · 2011
- Babcock & Wilcox Co. v. PMAC, LTD.Court of Appeals of Texas · 1993
- Crossmark, Inc. v. Hazar, Texas Court of Appeals, 5th District (Dallas)2004
- Ancor Holdings, LLC v. Peterson, Goldman & Villani, Inc., Texas Court of Appeals, 5th District (Dallas)2009
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Southwinds Express Construction, LLC v. D.H. Griffin of Texas, Inc.Court of Appeals of Texas · 2016
- Forest Oil Corp. v. El Rucio Land & Cattle Co.Court of Appeals of Texas · 2014
- Kreit v. Brewer & Pritchard, P.C.Court of Appeals of Texas · 2017
- Denbury Onshore, LLC v. Texcal Energy South Texas, L.P.Court of Appeals of Texas · 2016
- Human Biostar, Inc. v. Celltex Therapeutics Corp.Court of Appeals of Texas · 2017
36 more not listed; retrieve them via the Exa API.