T&S is very pleased to share that on September 27, 2023, Partner J.R. Skrabanek prevailed in yet another construction defect trial!
T&S represented a window and siding contractor against homeowners residing in an affluent San Antonio neighborhood. The homeowners contracted with T&S’s client for replacement windows and siding work following a bad hailstorm. However, the homeowners failed to pay their final bill, so T&S filed a collections lawsuit. The homeowners then counterclaimed, arguing that the work was defective, the materials were improperly installed into their home and leaked, and finally that the homeowners were deceived into entering the contract.
The matter was hotly contested for a few years and had multiple prior trial settings that were reset due to COVID. Finally, between September 19 and September 27, 2023, the case was tried before a twelve-person jury in the 131st District Court of Bexar County, Texas, with the Honorable Judge Norma Gonzales presiding.
Both sides presented multiple competing claims and damages theories to the jury. Both sides presented multiple experts in windows, siding, water intrusion, costs of remediation and repair, and construction practices and defects, generally. The homeowners both testified, as well as T&S’s client’s owner and certain key employees with knowledge of the job. Between their base “cost of repair” damages and their attorney’s fees, the homeowners were seeking in excess of $300,000 from the contractor.
After a full day of deliberation, the jury determined that the homeowners breached the parties’ contract and T&S’s client did not breach. They also did not find that any of the contractor’s work was defective or needed repair or replacement. The jury awarded the contractor almost 90% of the total damages that the contractor sought, in addition to the contractor’s attorney’s fees. The total amount of any judgment rendered on the verdict will be almost $90,000 in the contractor’s favor.
The client is extremely pleased with the outcome and T&S’s efforts. T&S was also assisted by Tim Gregg of The Law Offices of Gregg & Gregg, PLLC, which is located in Austin.
With offices in New York City and Austin, Texas, Thompson & Skrabanek, PLLC regularly represents general contractors, subcontractors, architects, and property owners in construction, contracting, and real estate disputes. Please contact us if you need any assistance with a dispute in either Central Texas or New York.