Tuscan Builders, LP v. 1437 SH6 L.L.C.

OPINION ON REHEARING

JANE BLAND, Justice.

Appellant Tuscan Builders, LP has moved for rehearing and en banc consideration. We grant rehearing, withdraw our opinion and judgment of January 30, and issue the following in their stead. We dismiss as moot Tuscan’s motion for en banc consideration. Our disposition of the appeal remains unchanged.

In this construction dispute, a builder appeals the trial court’s order denying its motion to compel arbitration against the building’s owners. The builder contends that the trial court erred in finding that the builder had waived enforcement of an…