Texas Court Affirms Judgment for Homeowners on Warranty Claims

AUSTIN, Texas - A Texas appellate court has affirmed an $18,666.71 judgment for homeowners who sued their builder for allegedly failing to prevent or adequately remedy mold and condensation problems in their home. Horak v. Newman, et ux., No. 03-05-00170-CV (Texas Ct. App., 3rd Dist.).

The Third District Court of Appeals' July 21 opinion also affirmed $9,250 in costs, after rejecting arguments by the defendant that there was insufficient basis for the awards or that the claims were untimely.

Warren and Ruth Newman sued self-employed builder Bernard J. Horak in the District Court of Burnet County (Texas), alleging that defects …