Texas Case Summaries

Construction Law

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

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.

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

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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