Brent Timmerman D/B/A Timmerman Custom Builders v. Richard Dale, J.

OPINION

Opinion by

Justice FRANCIS.

In this breach of contract suit, Brent Timmerman d/b/a Timmerman Custom Builders appeals the trial court’s order denying his motion for summary judgment and awarding Richard P. Dale, Jr. dam ages for lost rental value for failing to proceed with reasonable diligence in remodeling Dale’s homestead residence. In a single issue, Timmerman contends Dale’s claim falls under the Residential Construction Liability Act and the damages awarded are not allowable under the statute. See Tex. Prop.Code Ann. § 27.001 et seq. For reasons set out below, we agree. We reverse…