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PERRY HOMES v. ALWATTARI

No. 2-98-106-CV.

33 S.W.3d 376 (2000)

PERRY HOMES, Joint Venture, Appellant, v. Aziz ALWATTARI and Hajer Alwattari, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 4, 2001.

Attorney(s) appearing for the Case

Gardere Wynne Sewell & Riggs, L.L.P., Geoffrey H. Bracken, Houston, Gardere & Wynne, L.L.P., Stacy R. Obenhaus, Allison Freeman Logan, Dallas, for Appellant.

Law Offices of Anne P. Stark, P.C., Anne P. Stark, Dallas, for Appellees.

PANEL A: CAYCE, C.J.; DAY and LIVINGSTON, JJ.

OPINION

JOHN CAYCE, Chief Justice.

In this case we must decide once again whether the limitations on damages and defenses to liability provided to contractors in the Residential Construction Liability Act1 (RCLA) apply to a homeowner's suit against a contractor for damages caused by a construction defect, when the contractor fails to make a reasonable written offer of settlement. We...

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