Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Texas opinions name it 1 courts 2006–2022 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Vance v. My Apartment Steak House of San Antonio, Inc.green2 sentences2022“In a substantial performance claim, the contractor must prove three elements to prevail: its substantial performance, the amount unpaid under the contract, and ‘the cost of remedying the defects due to his errors or omissions.’” Id., quoting Vance v. My Apartment Steak House of San Antonio, Inc., 677 S.W.2d 480, 483 (Tex. 1984). 9 But for much the same reasons already noted, the record does not support Nelson’s claim of substantial performance. 2011Atkinson , 270 S.W. at 851 . “[W]hen a breaching [party] brings suit to recover for his substantial performance and the owner alleges remediable defects in the construction, the [party] is required to prove that he did substantially perform, the consideration due him under the contract, and the cost of remedying the defects due to his errors or omissions.” Vance , 677 S.W.2d at 483 . | 5 | 7 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Atkinson v. Jackson Bros.
green
1 sentence2011Atkinson , 270 S.W. at 851 . “[W]hen a breaching [party] brings suit to recover for his substantial performance and the owner alleges remediable defects in the construction, the [party] is required to prove that he did substantially perform, the consideration due him under the contract, and the cost of remedying the defects due to his errors or omissions.” Vance , 677 S.W.2d at 483 . | 1 | 2011–2011 |