Court affirms summary judgment in favor of project developer

By Gabriel Neves | Oct 25, 2018

HOUSTON -- The developers of a real estate project in Herrmann Park had a summary judgment in their favor affirmed at court.

State Justice Sherry Radack, on the bench of the Texas First District Court of Appeals, issued a 37-page ruling on Oct. 18, affirming the Harris County 333th District Court decision in the lawsuit filed by 5925 Almeda North Tower, LP, 5925 Almeda North Tower, G.P., LLC, J.E. Dunn Construction Company, and Elmore Interests, Inc., doing business as Admiral Glass & Mirror, against Mosaic Residential North Condominium Association Inc.

Mosaic Association sued Almeda, J.E. Dunn and Elmore for negligence, and Almeda for negligent misrepresentation, breach of implied warranty, breach of fiduciary duty, and for violating the Texas Deceptive Trade Practices Act (DTPA), claiming that defects in construction of the window systems at the Mosaic on Herrmann Park's north tower resulted in water intrusion damage into 394 units.

The damages were first reported in 2008, when, as of the ruling, "water leaks, or water intrusion around the windows or window systems, was reported in approximately nine of the condominium units in the North Tower," where owners "filed insurance claims and hired contractors to perform repairs."

Four years later, more damages were reported, when "water leaks occurred in some of the units on the east end of the North Tower." The association called Admiral Glass & Mirror for the repairs, which completed the job unsuccessfully. 

An engineer was called to evaluate the problem, and a 2013 report stated that "project-wide construction defects in window installations, resulting in water intrusion and damage in some units."

The association sued Almeda, J.E. Dunn and Elmore in 2014, claiming that Almeda made, per the ruling, "false representations 'to the Association and/or its Members,'” in regards to the quality of the windows installed.

In her ruling, justice Jamison sustains the lower court decision with the fact that the association "lacks standing to bring its claims," as it did not "direct us to evidence that raises a fact issue regarding its associational standing," regarding the burden of bringing the claims into court.

Texas First District Court of Appeals Case number 01-16-00414-CV

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