Sanders V. Construction Equity

Wayne and Carol Sanders ("the Sanders") purchased a home from Construction Equity, Inc. ("Construction"), formerly known as Marino Investments, on February 20, 1992, and initially sued Construction, among others, *fn1 on February 22, 1994, for monetary damages arising out of a defective fireplace and gas logs that did not work properly. The Sanders filed their second amended petition on November 22, 1995, to add construction defect complaints. The Sanders' amended petition asserts causes of action based on the following theories of liability: violations of the Texas Deceptive Trade Practices Act ("DTPA"), fraud, breach of contract, negligence, breach of various types of warranties, "and any other cause of action that may be applicable[.]" Construction filed a motion for summary judgment based on the statute of limitations and on the asserted preemptive bar of the Residential Construction Liability Act ("RCLA"). *fn2 The trial court granted summary judgment and the Sanders filed this appeal.