Legal Opinion
Perry Homes v. Alwattari
Court of Appeals of Texas
Decided January 4, 2001No. 2-98-106-CVPublishedCited by 28 opinions
1Opinion of the Court
OPINION
JOHN CAYCE, Chief Justice.
In this case we must decide once again whether the limitations on damages and defenses to liability provided to contractors in the Residential Construction Liability Act1 (RCLA) apply to a homeowner’s suit against a contractor for damages caused by .a construction defect, when the *379contractor fails to make a reasonable written offer of settlement. We hold that the limitations on damages and defenses to liability do not apply in such a situation. We further hold that appellees’ Deceptive Trade Practices Act2 (DTPA) claim is not preempted by the RCLA under the…
2Cases cited22 opinions
- In Re King's EstateTexas Supreme Court · 1951
- Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
- Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
- Sterner v. Marathon Oil Co.Texas Supreme Court · 1989
- Parkway Co. v. WoodruffTexas Supreme Court · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Houston Unlimited, Inc. Metal Processing v. Mel Acres RanchTexas Supreme Court · 2014
- Matheus v. SasserCourt of Appeals of Texas · 2005
- Royce Homes, L.P. v. Humphrey, Texas Court of Appeals, 9th District (Beaumont)2008
- Parts Industries Corp. v. A.V.A. Services, Inc., Texas Court of Appeals, 13th District2003
- Houston Unlimited, Inc. Metal Processing v. Mel Acres Ranch, Texas Court of Appeals, 14th District (Houston)2012
23 more not listed; retrieve them via the Exa API.