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Breach of Contract

Texas 7th Court of Appeals, Breach of Contract, Civil Procedure, Construction Law

Martignoni v. Artistry Homes — Homebuyers Lose Summary Judgment Fight After Failing to Preserve Evidentiary Objections

automatic / June 12, 2026

The Seventh Court of Appeals affirmed no-evidence summary judgment against homebuyers who contracted for a $600,000 custom home, holding that their failure to respond to the builder’s evidentiary objections in the trial court forfeited those challenges on appeal under the preservation rule — leaving them without sufficient evidence to withstand summary judgment on any claim.

Texas 15th Court of Appeals, Breach of Contract

Elite Concepts v. Field — “Repair” Clause in Pool Construction Contract Encompasses Cost to Complete; Contractor Who Walks Off Job Cannot Claim Attorney’s Fees as Prevailing Party

automatic / June 8, 2026

The Fifteenth Court of Appeals held that a pool construction contract’s limitation of remedy to “repair” encompasses cost-to-complete damages as well as cost-to-repair, because construing “repair” to exclude unfinished work would render the contractor’s promise illusory; it also held that a contractor whose quantum meruit recovery is offset by the owner’s larger breach-of-contract damages award is not a “prevailing party” entitled to Chapter 38 attorney’s fees.

Breach of Contract, Construction Law, Contract Interpretation

Blackmon Mooring v. St. Edward’s University — Third Court Reverses Summary Judgment, Holds Parol Evidence Cannot Transform Cost Estimate into Price Cap

automatic / June 7, 2026

The Third Court of Appeals reversed summary judgment for St. Edward's University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract's 'estimated budgetary price' into a guaranteed maximum price.

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