The court of appeals reversed the trial court's judgment in favor of the plaintiffs on their claim for damages resulting from the allegedly inadequate repair of their home's foundation. Because the parties' agreement here specifies that the service provider would perform foundation repair in a good and workmanlike manner and adjust the foundation for the life of the home due to settling, the express warranty sufficiently describes the manner, performance, or quality of the services so as to supersede the Melody Home implied warranty. The plaintiff's remaining Deceptive Trade Practices Act claims are time barred. The court of appeals' judgment is affirmed. Texas Supreme Court, No. 11-0311, 03-29-2013.
Gonzales v. Southwest Olshan Foundation Repair Company LLC
Tx. Sup. Ct.
April 3, 2013