Mehrdad Moayedi, Petitioner v. Interstate 35/chisam Road, L.p. and Malachi Development Corporation, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the broad waiver of defenses in paragraph 7 of the guaranty agreement expressly waives the statutory right of offset under Property Code §51.003(c). The Court found that §51.003 creates an affirmative defense that may be waived, and that the waiver language was sufficiently clear and specific to encompass that defense.