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eBook details

• Title: Teal Construction Co. v. Darren Casey Interests
• Author : Texas Court of Appeals
• Release Date : January 26, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In this case, we review the application of an arbitration clause in a construction contract. After a dispute arose between Hillside Villas, Ltd. ("Hillside"), the owner, and Teal Construction Company ("Teal"), the contractor, over change orders involving an apartment project, Hillside filed a tort lawsuit claiming fraud, fraudulent inducement, and negligent misrepresentation. After answering, Teal filed a motion to compel arbitration. The trial court, in its order, found that the parties had entered into a binding arbitration agreement, but severed Hillsides claim of fraudulent inducement and ordered the parties to trial on that claim. Teal appeals that portion of the trial courts order retaining the fraudulent inducement claim for trial and abating arbitration until judgment is entered on that claim. Hillside appeals that portion of the trial courts order declaring that the construction contract contained a valid arbitration clause. We will affirm that portion of the order declaring that the contract contained a valid arbitration clause, but we will reverse and remand that portion of the order retaining the fraudulent inducement claim for trial.

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