Kendall Builders, Inc. v. Chesson

OPINION

BOB PEMBERTON, Justice.

We grant the motion for rehearing in this case, withdraw our opinion and judgment issued on June 24, 2004, and substitute this one in its place.

This appeal arises from a dispute between a married couple, appellees Jane Chesson and Phillip J. Cullen, and a building contractor, appellant Kendall Builders, Inc. (Kendall), whom appellees hired to remodel a home they had purchased in Austin. Before the remodeling was completed, appellees became dissatisfied with Kendall’s work and fired the contractor. Appellees and Kendall asserted damage claims against each other,…