X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINIONAppellant, John Purse, challenges the trial court’s order granting the Motion to Confirm Arbitration Award of appellee, John DeJesus. In three issues, Purse contends that the trial court erred in confirming the arbitrator’s award.We affirm.BackgroundIn his Motion to Confirm Arbitration Award, DeJesus alleged that he had filed a breach-of-contract claim with the American Arbitration Association (“AAA”) against Purse. DeJesus attached to his motion a copy of the parties’ “Construction Contract Between Original Contractor and Owner,” which states that DeJesus “agree[d] to provide labor, equipment and materials for certain construction work,” i.e., “Shingle-Installation – Hail Damaged Roof Replacement,” and that Purse agreed to pay DeJesus $23,842.00 “for [DeJesus]‘s performance” of the construction work.[1]On April 3, 2017, the parties had an arbitration hearing. Following the hearing, the arbitrator issued an award in favor of DeJesus, stating:I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between [DeJesus] and . . . Purse, and having duly heard the proofs and allegations of the [p]arties, do hereby FIND as follows: That . . . Purse contracted with [DeJesus] for [DeJesus] to perform certain roofing work at 29614 Liberty Ln., Tomball, Texas (“Property”). That in the course of [DeJesus]‘s work at the Property, sealant was transferred from the sealant strip to the face of individual ridge shingle pieces, resulting in black strips/marks, and that such condition was a cosmetic issue. That [DeJesus] was ready, willing and able to correct the black strips/marks and complete remaining work, including relocation of the furnace vent. That [DeJesus] did not correct the black strips/marks and complete remaining work because [he] was denied access to the Property by . . . Purse. That . . . Purse owes [DeJesus] the sum of $3,682.00, which was due on September 1, 2015. Such sum is the “balance at closing” handwritten on the Addendum to Contract signed by . . . Purse and [DeJesus], and is the amount of . . . Purse’s Check No. 1366, which includes the memo “Final Payment – Roof[.]” Accordingly, I hereby AWARD as follows:[DeJesus] shall recover from . . . Purse, and . . . Purse shall pay to [DeJesus], the sum of $3,682.00 as [DeJesus]‘s damages, calculated as follows:A.Contract Amount$23,842.00B.Payments and Credits-20,160.00

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

U.S. District Court for the Northern District of CaliforniaThe current term of office for United States Magistrate Judge Susan van Keulen in...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›