Legal Opinion
Childress Engineering Services, Inc. v. Nationwide Mutual Insurance Company, as Subrogee to Meritage Homes of Texas, L.L.C.
Court of Appeals of Texas
Decided February 12, 2015No. 02-14-00332-CVPublishedCited by 2 opinions
1Opinion of the Court
OPINION
DIXON W. HOLMAN, JUSTICE
Meritage Homes of Texas, L.L.C, a homebuilder, and appellant Childress Engineering Services, Inc. (CES) entered a contract for CES to provide design and engineering specifications for home fouh-dations; the contract contained an indemnity clause. Meritage asked CES to indemnify or defend it after a homebuyer sued Meritage for negligence, gross negligence, breach of contract, breach of warranty, violations of the deceptive trade practices act, fraud, fraud in the inducement, and fraud In a real estate transaction based on an allegedly defective foundation. CES…
2Cases cited10 opinions
- Exxon Corp. v. Emerald Oil & Gas Co., LCTexas Supreme Court · 2011
- Jernigan v. LangleyTexas Supreme Court · 2006
- Gary Wayne Jaster v. Comet II Construction, Inc., Joe H. Schneider, Laura H. Schneider, and Austin Design GroupTexas Supreme Court · 2014
- Storage & Processors, Inc. v. ReyesTexas Supreme Court · 2004
- PALLADIAN BLDG CO. INC. v. Nortex Foundation Designs, Inc.Court of Appeals of Texas · 2005
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3Cited by2 opinions
- Childress Engineering Services, Inc. v. Nationwide Mutual Insurance Company, as Subrogee to Meritage Homes of Texas, L.L.C., Texas Court of Appeals, 2nd District (Fort Worth)2017
- Infrastructure Associates, Inc., AtkinsRéalis USA, Inc. F/K/A Atkins North America, Inc., and H.W. Lochner, Inc. v. Trent Fereday, Travis Fereday, and Todd Fereday, Individually and as Personal Representatives of the Estate of Thomas Everett Fereday, Jr., Texas Court of Appeals, 9th District (Beaumont)2025