Sage Street Associates, 3525 Sage Street Associates, and Marvin B. Myers, Petitioners v. Northdale Construction…

Summary

The Texas Supreme Court affirmed the appellate court's reform of prejudgment interest to the prevailing 10% rate, held that the Texas Constitution's anti‑usury provision does not limit judicially awarded prejudgment interest, and held that under a cost‑plus contract the contractor need not prove the cost of completion and that the contract’s ambiguity regarding the $760,000 fee was tried by consent, remanding for a factual‑insufficiency review of the damages award.