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 ten percent and held that the state usury provision does not limit judicially ordered prejudgment interest. It also held that under a cost‑plus contract the contractor need not prove the cost of completion, that the fee provision was ambiguous and that the ambiguity was tried by consent, and remanded for a factual‑insufficiency review of the damages award.