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Brock Independent School District v. Tony Briones D/B/A West Texas Concrete and Metal Buildings, Samuel Trevino D/B/A Sam's Construction

Citation: Not availableDocket: 02-07-00002-CV

Court: Court of Appeals of Texas; March 13, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves a dispute between Brock Independent School District (BISD) and Tony Briones, doing business as West Texas Concrete and Metal Buildings, and Samuel Trevino, doing business as Sam’s Construction, regarding alleged defects in a roofing installation for a school construction project. BISD hired D.S.A., Inc. as the construction manager and Stuckey Architects, Inc. for architectural services, with Briones contracted for the metal building construction and roof installation. The project was marred by a faulty installation, leading to RollCOM's refusal to issue a warranty, and necessitating a new roof according to BISD's consultants. BISD sued Briones and Trevino for breach of contract, warranty violations, and negligence, while Briones and Trevino's claims against DSA were dismissed. The jury found negligence apportioned largely to BISD (85%), and awarded BISD $519,771 for Briones' warranty noncompliance, which aligned with contractor bids presented at trial. BISD's claims of insufficient jury instructions and damages assessment were rejected, affirming the trial court's judgment. The court held that the jury's decisions on negligence and contract compliance were adequately supported by the evidence presented.

Legal Issues Addressed

Breach of Warranty

Application: The court affirmed the jury's finding of Briones' breach of warranty based on evidence of improper installation of the roof, which failed to meet the specifications and manufacturer's requirements.

Reasoning: The jury found negligence shared among BISD (85%), Briones (10%), and Trevino (5%)... but affirmed Briones' warranty noncompliance, awarding BISD $519,771 in damages.

Contract Compliance

Application: The jury concluded that Briones did not fail to comply with the contract despite evidence of installation errors and lack of warranty, a finding BISD challenged as contrary to the evidence.

Reasoning: The jury also found that Briones did not fail to comply with the contract, a decision BISD challenged, citing Briones’ obligations to follow plans and specifications.

Jury Instructions and Trial Court Discretion

Application: The court held that the trial court did not abuse its discretion in issuing jury instructions, including those regarding DSA's actions as BISD's and damages mitigation, which BISD argued were improper.

Reasoning: An instruction is deemed proper if it aids the jury, accurately reflects the law, and is supported by pleadings and evidence.

Negligence Apportionment

Application: The jury apportioned negligence primarily to BISD, finding them 85% responsible, which the court upheld despite BISD's contention that this finding was unsupported by the evidence.

Reasoning: BISD argued that the jury's apportionment of 85% negligence to BISD was not supported by the evidence.

Sufficiency of Evidence for Damages

Application: The court determined that the jury's damages award of $519,771 was supported by evidence from contractor bids, which fell within the range of potential damages presented during the trial.

Reasoning: The total of Lon Smith’s bids aligns with the jury's damages finding of $519,771.00.