David Thrasher Successfully Defended a Houston Homebuilder

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David Thrasher successfully defended a Houston homebuilder in the arbitration of a construction defect case brought by a homeowner. The claimant was awarded no damages and was ordered to pay attorneys' fees to the builder.

David R. Thrasher

We are very proud of David Thrasher's representation in this case. It is very rare to recover attorneys' fees at arbitration, and the counterclaim filed really allowed this to be a home run.

David Thrasher achieved a significant arbitration award on behalf of a Houston homebuilder.

This construction defect case centered around a homeowner's allegations that the foundation and drainage of his home was out of code compliance and defective. The Texas Residential Construction Liability Act ("RCLA") governs disputes such as this and limits a claimant's damages if he/she rejects a timely and reasonable settlement offer by the builder. Mr. Thrasher handled the case from the RCLA settlement offer to the submission of the builder's counterclaim for attorneys' fees based upon the contract.

During arbitration, cross examination of the claimant, claimant's engineer, and claimant's appraiser ultimately revealed the reasonableness of the builder's efforts. In addition, the builder presented evidence that the foundation and other alleged defects were in compliance with both code and industry standards, as well as evidence that its RCLA settlement offer was both timely and reasonable.

The arbitrator awarded the no diminution damages to the claimant and instead rendered an award of attorneys' fees and costs to the builder as the prevailing party.

"We are very proud of David Thrasher's representation in this case," said Christopher Pappas, director in the Houston office. "It is very rare to recover attorneys' fees at arbitration, and the counterclaim filed really allowed this to be a home run."

David, a director in the Houston office, is an experienced litigator who has participated in all aspects of civil litigation with an emphasis on oil and gas, construction, products liability, personal injury, insurance defense, and commercial litigation. He has successfully obtained results for clients through legal motions, advocacy, arbitration, alternative dispute resolution, jury trials, and bench trials. In addition, he actively works with clients to strategically plan for and preempt potential claims and future problems.

Kane Russell Coleman & Logan PC is a full service law firm with offices in Dallas and Houston. Formed in 1992 with five lawyers, today KRCL has more than 80 attorneys. The Firm provides professional services for clients ranging from Fortune 500 companies to medium-sized public and private companies to entrepreneurs. KRCL handles transactional, litigation and bankruptcy matters in Texas and throughout the country.

SOURCE: Kane Russell Coleman & Logan, P.C.
AAA Case No. 70 414 00326 12
Commercial Arbitration Tribunal
Richard Flake, Arbitrator

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Michael Logan

Mallory Wendel
Kane Russell Coleman & Logan, PC

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