Roland D. Smith, Petitioner v. Alan Baldwin, D/b/a Alan Baldwin, Builder, Respondent

Summary

The Texas Supreme Court held that substantial performance of a construction contract does not bar liability under the Deceptive Trade Practices Act, that subsection (b)(7) applies to future representations without a required intent element, that treble damages are measured on net actual damages after lawful set‑offs, and that attorney's fees were not recoverable. Chief Justice Greenhill dissented, arguing the court improperly expanded the DTPA to cover ordinary breach of contract claims.