G-W-L, Inc. D/b/a Goldstar Builders v. John R. Robichaux

Summary

The Texas Supreme Court reversed the trial court and Court of Appeals, holding that the contract’s unequivocal clause "no ... warranties, express or implied" effectively waived the builder’s implied warranty of fitness and that Chapter 2 of the Texas Business and Commerce Code does not apply to residential construction, so the plaintiffs receive no relief. The Court reasoned that the waiver language was clear, the transaction was primarily a service contract, and therefore no implied warranty of merchantability applies. A dissent argued that the waiver was insufficiently specific and would have affirmed the lower courts’ judgments.