Holiday Inn Club Vacations Inc. v. CBRE, Inc., ACI Architectural Concepts, Inc., and T&G Corporation f/k/a T&G Constructors
The Fourteenth Court of Appeals revived a timeshare-resort operator's construction-defect suit against its construction manager, general contractor, and construction administrator, reversing a take-nothing summary judgment that had gone against Holiday Inn Club Vacations Inc. on statute-of-limitations, standing, and economic-loss-rule grounds. The court held fact issues remained over when Holiday Inn's water-intrusion claims against CBRE, Inc., T&G Corporation f/k/a T&G Constructors, and ACI Architectural Concepts, Inc. actually accrued under the discovery rule, given evidence that isolated window-related water issues during the project did not necessarily put Holiday Inn on notice of the more systemic defects alleged later.
Why it matters
Reinforces that a construction manager or general contractor cannot win summary judgment on limitations simply by pointing to an owner's awareness of isolated, resolved defects during a project -- the discovery rule requires evidence the owner knew or should have known of the specific, systemic problem actually being sued over. Owners and asset managers pursuing water-intrusion or similarly latent defect claims against a project's construction team should document the evolution from isolated repair requests to a pattern indicating a design or workmanship failure, since that evidentiary gap is precisely what kept this claim alive past summary judgment.
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