Putting The Brakes On Construction Defect Suits In Texas

By Pierre Grosdidier (October 31, 2018, 1:45 PM EDT) -- In Mosaic Residential N. Condo. Ass'n. Inc. v. 5925 Almeda N. Tower LP, the Houston First Court of Appeals affirmed a district court's summary judgment dismissal of a suit brought by a residential condominium unit owners' association against the builders and developers of a new high-rise project.[1] The suit followed water damages to 29 of the condominium's 394 units. Assuming it is upheld, this decision is a victory for developers and builders of residential condominiums. The court's key holding, that the condominium's declaration expressly denied the association standing to sue for construction defects, is important because it might, in conjunction with the litigation-curbing measures introduced in 2015 in Texas Property Code §§ 82.119–120, help reduce the number of these lawsuits....

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