BoyarMiller Obtains Victory for Custom Homebuilder Client; All Counterclaims Denied
HOUSTON (February 19, 2018) – BoyarMiller obtained a complete victory for its client, Texas Farmhouse Homes—a builder of custom, farmhouse-style homes—in arbitration under the American Arbitration Association’s (AAA) Construction Rules.
“The case was a total vindication for Texas Farmhouse Homes,” said Lee A. Collins, BoyarMiller Shareholder. “There was a personal assault on our client’s integrity and quality of its work, and winning this case was important to maintaining our client’s long-term positive reputation.”
The client initiated a claim under AAA when, after substantially completing the construction of a large, windstorm-certified home, the homeowner refused to pay under the parties’ contract. The homeowner responded with a number of counterclaims against the client, including breach of contract, fraud, negligence and other claims. The homeowner asserted he owed Texas Farmhouse Homes nothing further and was entitled to more than $500,000 in actual damages, together with punitive damages, treble damages, attorneys’ fees, costs and interest.
Prior to and during the arbitration, the BoyarMiller team elicited significant evidence regarding critical fact issues in the case, including the degree of completion of the home, the parties’ respective contractual obligations under the agreement, the quality and timeliness of the work, and the degree of our client’s compliance with windstorm and other certification standards. The case culminated in a week-long arbitration involving several expert witnesses, a substantial number of fact witnesses, and presentation of significant documentary evidence.
Following the arbitration hearing and post-hearing briefing, the Arbitrator entered a Final Award in favor of the client as the claimant in the proceeding with the resolution of critical liability and damage issues in the client’s favor. The award included Texas Farmhouse Homes’ actual damages, all attorneys’ fees through the date of Final Award, reimbursement of all AAA administration and arbitrator fees, pre-judgment interest and post-judgment interest.
In the Final Award, the Arbitrator also ordered that the owner take nothing by virtue of his counterclaims against the client—for a full and complete victory.
The trial team was lead by Lee A. Collins. Lauren Black (formerly McLaughlin) served as second chair. Craig Lauchner, Claudia Morton, Judy Martinez and Marlene Nellums each contributed immeasurably to the research, drafting, and other preparation that went into the case.
BoyarMiller is a 27-year-old Houston-based law firm comprised of two practice groups: business and litigation. The business group serves multinational companies, middle-market businesses and entrepreneurs in need of collaborative and strategic representation. The litigation group represents organizations of all sizes, from entrepreneurs to Fortune 500 companies, seeking to resolve complex business issues and employment disputes. See www.boyarmiller.com for more information.