 |
Abstract
I have often maintained that a litigator who can successfully try the complex construction case has accomplished one of the more difficult challenges a lawyer can face. Multiple parties, voluminous documents, numerous experts, and a bored judge and jury are but some of the obstacles the construction litigator must overcome. One of the most formidable of all challenges in the trial of a construction case is composing a thoughtful, accurate, and legally sound jury charge. Unfortunately, the Texas Pattern Jury Charge ("TPJC") provides only rudimentary guidance for construction lawyers and judges. While the TPJC may provide the skeleton of the breach of contract, quantum meruit, and damage issues, the construction specific instructions and definitions are scarcely addressed. The TPJC also completely fails to address most of the affirmative defenses and various nuances particular to the construction law case. While the construction case is fact sensitive and often not subject to "forms," there are certain commonalities that frequently reoccur and are, therefore, subject to skeletal forms. In an attempt to provide the construction law attorney with some guidance in drafting the construction specific jury charge, this article will set forth some examples of possible questions and instructions, as well as the law and logic supporting them. Due to the large number of issues involved in construction cases, this article is not intended to be exhaustive, but will hopefully provide some help with respect to a few key issues.
The construction case is often factually and legally complex. Accordingly, drafting the jury charge for the construction case can be a difficult task, especially in light of the scarce case law and skeletal guidance from TPJC and other sources. The sample questions and instructions in this article are designed to give the practitioner some ideas and guidance in this area. However, the suggestions are designed to supplement the TPJC and provide some assistance for the construction litigator and, of course, do not guaranty any particular legal outcome or result.
Table of Contents
TABLE OF CONTENTS
- Table of Authorities
- Introduction
- Additional Sources
- Contract Formation
- Breach of Contract
- Affirmative Defenses
- Quantum Meruit
- Construction Trust Fund Statute
- Prompt Payment Statute
- Residential Construction Warranties
- Architects and Design Professionals
- Damages
- Conclusion
|
|
You must have the free Adobe Acrobat Reader 4.0 (or greater) installed in your
computer in order to view or print this paper. It is available as a free
download from the Adobe Web site. If you do not have Acrobat Reader installed,
click the link to the left to download it. If a menu window opens before the paper, choose the "View"
option.
|
