Preview
Received: 8/31/2023 5:05 PM /0
‘Envelope No. 79136914
if a
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NO. 22-CV-1731
WAYNE SUTHERLAND and TERRI Ie THE DusTRICT cover
SUTHERLAND. AY ti MS pr
Plaintiffs, re,
: a
Ex4 8
i
TAYLOR MORRISON OF TEXAS, INC.
and TAYLOR WOODROW 10 JUDICIAL DISTRICT
COMMUNITIES — LEAGUE CITY, LTD.
Defendants/Third-Party Plaintiffs,
Vv.
BIG TEX AIR CONDITIONING, INC.
Third-Party Defendants. GALVESTON COUNTY, TEXAS
ORDER
The Court heard and considered the following motions
1 DEFENDANTS’ MOTION TO COMPEL ARBITRATION contained within
DEFENDANTS’ ORIGINAL ANSWER, etc. filed 10/3/2022: as
DEFENDANTS’ PLEA IN ABATEMENT contained within DEFENDANTS’
ORIGINAL ANSWER, etc. filed 10/3/2022: a
DEFENDANTS’: MOTION TO LIFT ABATEMENT AND SUPPLEMENTAL
MOTION TO COMPEL ARBITRATION filed 7/28/2023; and
BIG TEX AIR. CONDITIONING, INC.’S BIG TEX’S MOTION TO COMPEL
ARBITRATION AS TO THE FOURTH-PARTY DEFENDANTS filed 7/21/2023
The Court, having considered the pleadings on file, responses, and arguments of counsel
finds that said motions and plea should be and are hereby GRANTED.
The Court finds:
a. The abatement order is lifted as of January 30, 2023
b. all arbitration agreement, attached as Exhibit A, applies to resolve disputes
among Plaintiffs and Defendants Taylor Morrison of Texas, Inc. and Taylor
Woodrow Communities-League City, Ltd. (collectively “Taylor Morrison
Defendants”):
22— Cy 1794 a a
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i[ j aesaoe Mbatement
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the {11 arbitration agreement specifically incorporates American Arbitration
Association (“AAA”) rules and delegates all further arbitrability issues for decision
by an arbitrator in accordance with the {11 arbitration agreement; and
a valid {12 arbitration agreement in the Master Agreement for Vertical
Construction Services between the Taylor Morrison Defendants and Big Tex Air
Conditioning, Inc. (“Big Tex”); and
a valid §12 arbitration agreement in the Master Agreements for Vertical
Construction Services between the Taylor Morrison Defendants and some of the
Fourth-Party Defendants.
IT IS THEREFORE ORDERED that, pursuant to Exhibit A, Plaintiffs, Wayne Sutherland
and Terri Sutherland, shall initiate arbitration with the AAA to resolve théir disputes. with the
Taylor Morrison Defendants.
IT IS ORDERED that Big Tex shall join Plaintiffs’ AAA arbitration.
IT IS ORDERED that the following Fourth-Party Defendants shall join the Plaintiffs’ AAA
arbitration:
Arnulfo Rodriguez Roofing. Co., Inc.
Rosenberg Plumbing Service, Inc.
City Framers, LLC
Installed Building Products of Houston, LLC
Wisenbaker Builder Services, Ltd
IT IS ORDERED that the arbitrator shall initially resolve any and all-arbitrability disputes
raised by any party; and, subject to the arbitrator’s resolution of such arbitrability disputes in favor
of arbitration shall proceed. with arbitration of all claims which have or could have been brought
by the parties in this lawsuit.
IT IS FURTHER ORDERED that this case is hereby abated in its entirety until the Court’s
order lifting abatement, and all settings, deadlines, discovery, and other obligations in this Court
are stayed.
signed
this 27 "fay of SEAT 2008 ove.
JUDGE fRESIDING
GREED:
/s/ Carl J. Wilkerson
Carl J. Wilkerson
State Bar No. 21478400
cwilkerson@brstexas.com
Attorney for Defendants,
Taylor Morrison of Texas, Inc. and.
Taylor Woodrow Cormmunities-League City, Ltd.
/s/ Craig Eiland
‘A. Craig Eiland
State Bar No. 06502380
ceiland@eilandlaw.com
Attorney for Plaintiffs,
Wayne Sutherland and Terri Sutherland
/s/ Amy Nilsen
Amy Nilsen
State Bar'No. 24027574
anilsen@johnsontrent.com
Attorney for Third-Party Defendant,
Big Tex Air Conditioning, Inc.
/s/ Randall L. Beaty
Randall L. Beaty
State Bar No. 24095999
tbeaty@newton-lawyers.com
Attorney for Defendant, Arnulfo Rodriguez Roofing Co., Inc.
/s/ Ian M. McLin
Tan M. McLin
State Bar No. 24005071
imclin@langleybanack.com
Attorney for Defendant,. BFS Group, LLC
/s/ Timothy D. McMurtrie
Timothy D. McMurtrie
State Bar No. 13813900.
tim.mcmurtrie@roystonlaw.com
Brian G. Cano
State Bar No. 24045613
beano@feesmith.com
Attorney for Installed Building Products of Houston, LLC.
Paul Byron Starr
State Bar No. 24004934
pstarr@germer-austin.com
Attorney for Defendant, L&W Weatherstripping, LLC
Spencer Edwards
State Bar No. 24004934
sedwards@hudgins-law.com
Attorney for Defendant, Wisenbaker Builder Services, Ltd.
George T. Jackson
State Bar No. 10466950
gjackson@busliramirez.com
Attorney for Defendant, Rosenberg Plumbing Service, Inc.
Mar Belia 70 Chateau
’
131211
TERMS, AND, BUYER SHALL BE DEEMED TO HAVE WAIVED ANY WARRANTIES, EXPRESS OR
IMPLIED, OTHER. THAN THE LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, HABITABILITY, QUALITY OF CONSTRUCTION, OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROPERTY AND THE
SUBDIVISION/COMMUNITY IN WHICH THE PROPERTY IS LOCATED TO THE FULLEST EXTENT
PERMITTED BY LAW.
c. Consumer Products; Consumer Goods: This Limited Warranty does not cover any
appliance, equipment, or other items which are “consumer products” for purposes of the Magnuson-
Moss Warranty Act, 15 U.S.C. Section 2301 et seq. The only warranties of such consumer products or
goods are those which the manufacturer provides to Seller and which are conveyed to Buyer from
Seller, Information as'to such manufacturer's warranties will be provided to Buyer. Seller does not
assume any obligation to service or repair such consumer products or gdads, Any consumer products
of consumer goods installed in the Home are included on an “as is” basis with Buyer assuming the
entire ‘cost of all necessary sérvice, -repair; or replacement in the event of defect in quality or
performance and Buyer recognizes that the same may not be covered by a manufacturer's warranty.
a. Right of Reasonable Entry: Buyer hereby grants Sellera right of reasonable access to the.
Home and all portions of the Property upon reasonable notice during normal business hours after the
close of Escrow to complete any components or elerients of the property deferred pursuant to the
Limited Warranty or dther provisions of this Purchase Agreement, to perform corrective or ‘additional
‘work contemplated by the New Homeowner Orientation List (as defined below), or required by law, this
Purchase Agreement or any governmental agency, or pursuant to this Limited Warranty, or to correct.
any condition at the property claimed by Buyer to be defective and in need of repair. This provision is
specifically enforceable. This section shall not be construed as an agreement by Sell ler to perform any
Corrective, additional, remedial or other work.
e. Homeowner Maintenance Requirements: A copy of the Taylor Morrison Homeowner Manual
(the "Homeowners Manual") containing Buyer's maintenance obligations for the Property,, which is.
Incorporated herein by reference and made a’part of this Purchase Agreement, is available for Buyer's
Teview at the Sales Office and will be provided to’ Buyer at or prior to the Closing Date. Buyer agrees to
comply with all maintenance requirements provided by Seller to Buyer, including without limitation any
and all maintenance requirements, procedures and schedules detailed i in the Homeowners Manual and
‘any manufacturer Information Seller provi ides to Buyer. Buyer's failure to. abide by the requirements of
the Homeowners Manual will void the Li imited Warranty.
11) DISPUTE RESOLUTION ~ ARBITRATION:
ANY AND ALL CLAIMS, CONTROVERSIES, BREACHES OR DISPUTES BY OR BETWEEN THE
PARTIES HERETO, ARISING OUT OF OR RELATED TO THIS PURCHASE AGREEMENT, THE
PROPERTY, THE SUBDIVISION OR COMMUNITY OF WHICH THE PROPERTY IS A PART, THE SALE
OF THE. PROPERTY BY SELLER, OR ANY TRANSACTION RELATED HERETO, WHETHER SUCH
DISPUTE IS BASED ON CONTRACT, TORT, STATUTE, OR EQUITY, INCLUDING WITHOUT
LIMITATION, ANY DISPUTE OVER: (a) THE DISPOSITION OF ANY. EARNEST MONEY. DEPOSIT
HEREUNDER, (b) BREACH OF CONTRACT, (c) NEGLIGENT . OR INTENTIONAL
MISREPRESENTATION OR FRAUD, (d) NONDISCLOSURE, (e) BREACH OF ANY ALLEGED DUTY
OF
GOOD. FAITH AND FAIR DEALING, (f) ALLEGATIONS OF LATENT OR PATENT DESIGN OR
CONSTRUCTION DEFECTS, INCLUDING. WITHOUT LIMITATION, PURSUANT ‘TO. THE FEDERAL
ARBITRATION ACT ANDIOR THE TEXAS ARBITRATION ACT, AT SELLER'S ELECTION (NO
INTERLOCUTORY APPEAL OF DENIAL OF FAA MOTION TO COMI IPEL ARBITRATION, MUST USE
MANDAMUS), (g) THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PLANNING,
SURVEYING, DESIGN, ENGINEERING, GRADING, SPECIFICATIONS, CONSTRUCTION OR OTHER
DEVELOPMENT OF THE PROPERTY, THE PARCELITRACT OR THE. COMMUNITY OF WHICH THE
PROPERTY IS A PART, (h) DECEPTIVE TRADE PRACTICES OR (i) ANY OTHER MATTER ARISING
OUT OF OR RELATED TO THE INTERPRETATION OF ANY TERM OR PROVISION OF THIS
PURCHASE AGREEMENT, OR ANY DEFENSE GOING TO THE FORMATION OR VALIDITY OF THE
AGREEMENT, OR ANY PROVISION OF THIS PURCHASE. AGREEMENT, INCLUDING EARNEST
MONEY DEPOSITS DISPUTES, THIS ARBITRATION AGREEMENT, ALLEGATIONS OF
UNCONSCIONABILITY, FRAUD IN THE INDUCEMENT, OR FRAUD IN THE EXECUTION, WHETHER
SUCH DISPUTE. ARISES BEFORE OR AFTER THE CLO: SE OF ESCROW (EACH A “DISPUTE”),
SHALL BE ARBITRATED PURSUANT TO THE FEDERAL ARBITRATION ACT AND SUBJECT TO THE
PROCEDURES SET FORTH AS FOLLOWS:
a. THIS ARBITRATION AGREEMENT SHALL BE DEEMED TO BE A SELF-EXECUTING
ARBITRATION AGREEMENT. ANY. DISPUTE CONCERNING THE INTERPRETATION OR THE
ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING WITHOUT LIMITATION,
ITS REVOCABILITY OR VOIDABILITY FOR ANY CAUSE, ANY CHALLENGES TO THE
ENFORCEMENT OR THE VALIDITY OF THE AGREEMENT, OR THIS ARBITRATION
AGREEMENT, OR THE SCOPE. OF ARBITRABLE ISSUES UNDER THIS: ARBITRATION
AGREEMENT, AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS ARBITRATION
AGREEMENT, INCLUDING WITHOUT LIMITATION, WAIVER, ESTOPPEL, OR LACHES, SHALL BE
Page 8 of 17
EXHIBIT A
Mar Bella 70 Chateau
131211
DECIDED BY AN ARBITRATOR IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT AND
NOT BY A COURT OF LAW.
b. IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE PARTIES, SUCH DISPUTE
SHALL BE RESOLVED BY AND PURSUANT TO THE ARBITRATION RULES AND PROCEDURES
OF AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE REQUEST FOR
ARBITRATION IS SUBMITTED, IN THE EVENT THE AMERICAN ARBITRATION ASSOCIATION IS
FOR ANY REASON UNWILLING OR UNABLE TO SERVE AS THE ARBITRATION SERVICE, THEN
THE PARTIES SHALL SELECT ANOTHER REPUTABLE ARBITRATION SERVICE. IF THE
PARTIES ARE UNABLE TO AGREE ON AN ALTERNATIVE SERVICE, THEN EITHER PARTY MAY
PETITION ANY COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE
PROPERTY IS LOCATED TO APPOINT SUCH AN ALTERNATIVE SERVICE, WHICH SHALL BE
BINDING ON THE PARTIES, THE RULES AND PROCEDURES OF SUCH ALTERNATIVE SERVICE
IN EFFECT. AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED SHALL BE
FOLLOWED. A
e Buyer and Seller expressly agree and acknowledge that this Purchase Agreement involves and
concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act (9
U.S.C. §1 et seq.) now in effect and as the same may from time to time be amended, to the exclusion of
any different or inconsistent state. or local law, ordinance, regulation, or judicial rule. Accordingly, any
and all Disputes shall be arbitrated — which arbitration shall be mandatory and-binding — pursuant to the
Federal Arbitration Act.
a. This arbitration agreement shall inure to the benefit of; and be enforceable by, Seller and
Seller's affiliated and related entities; and each of their respective employees, officers, directors,
agents, representatives, contractors, subcontractors, agents, vendors, suppliers, design professionals,
insurers and any other person whom Buyer contends is responsible for ‘any alleged defect in or to the
Property or any improvement or appurtenance thereto. The parties contemplate the inclusion of such
parties in any arbitration of a dispute and agree that the inclusion. of such parties will not affect the
enforceability of this arbitration agreement.
e. In the event any dispute arises under the:terms of this Purchasé Agreement-or in the event of
the bringing of any arbitration action by a party hereto against another party hereunder by reason of any
breach of any of the covenants, agreements or provisions on the part of the other party arising out of
this Purchase Agreement, then all fees and costs shall be borne separately between the parties,
including but not limited to all attorneys’ fees and expert witness costs resulting from the Dispute. The
foregoing provision does not modify any provision of any contract between Seller and any third party
frequiring indemnification or establishing a different allocation of fees aid costs between Seller and such
third party. In the event Buyer is an entity and not a natural person-and Seller is the prevailing party, the
individual signing this Purchase Agreement on behalf of such entity shall also be personally liable for
Seller's fees and costs as aforesaid notwithstanding any indication that such individual is signing in a
Corporate capacity. The provisions of this Paragraph shall survive the Close of Escrow or termination of
this Purchase Agreement.
f. The arbitrator shall be authorized to provide all recognized remedies available in Jaw or in equity
for any cause of action that is the basis of the arbitration.
g ‘The decision of the arbitrator shalll be final and binding. Buyer and Seller expressly agree that
an application to confirm, vacate, modify, or correct an award rendered by the arbitrator shall be filed in
‘any court of competent jurisdiction in the county in which the Property is located.
h To the extent that any state or local law, ordinance, regulation, or. judicial rule is inconsistent
with any provision of the rules of the arbitration service under which the arbitration proceeding shall be
conducted, the latter rules shall govern the conduct of the proceeding.
i. The participation by any party, or any party whom Buyer contends is responsible for a Dispute,
in any judicial proceeding concerning this arbitration agreement or any matter arbitrable hereunder shall
not be asserted or accepted as a reason to delay, to refuse to participate in arbitration, or to refuse to
compel arbitration, including instances in which the judicial proceeding involves parties not subject to
this arbitration agreement and/or who cannot otherwise be compelled to arbitrate.
i ‘The arbitrator appointed to serve shall be a neutral and impartial individual.
k Unless the parties agree in writing to another location, Seller shall have the sole right to select
the venue of the arbitration in either the county where the Property is located or in the City and County
in which the Seller's Division Office Is located, if Seller so elects.
L If any provision of this arbitration agreement shall be determined to be unenforceable or to have
been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable
according to their terms.
Page 9 of17
EXHIBITA
Mar Bella'70 Chateau
asta
. i
m. Notwithstanding anythi Ing inconsistent in the rules and procedure of the arbitration service, the
parties to the afbitration shall have the ri ight to. conduct a reasoni
able amount of discovery, including
written discovery, depositions and inspections and testing, all as approved and coordinated by the
Arbitrator.
n If any pi ision of this paragray iph is in conflict with or is different than any alternative dispute
resolution provision of any CC&R's o} f any Association, Master Association, or any other common
interest development association, then the provisions set forth.in this paragraph shall control. Howéver,
any: and all disputes between Seller and the Association rising from or telated to the Project,
Declaration. or any other agreements between Seller and Association shall bé resolved’ in
accordance with the Declaration.
i Notification. Buyer agrees to provide Seller with written notice of any matters relating
to'a Dispute as soon as is reasonably possible after Buyer becomes aware, or should have
become aware, of such matters and Dispute.
fi Cooperation; Access; Repair. Buyer agrees to:provide Seller and its representatives,
contract tors, and others.as Seller mi lay request, with prompt, reasonable cooperation, which may,
for example, include access to all portions of the Property, in ‘order to facilitate Seller's
investigation regarding a Dis} pute including, without limitation, for purposes of inspecting; testing,
tepairing, replacing, correcting, or otherwise a ddressing matters related to the Dispute. - If the
Dispute arises out of or relates to the plat inning, surveying, design, engineering,
grading,
‘specifications, construction, or other development of the Property, Seller is hereby gra inted the
irrevocable right, but is under no obligation, to inspect, repair and/or replace ‘any and all affected
arts of the Property.
NOTICE: BY INITIALING IN THE SPACE BELOW, BUYER AND SELLER AGREE TO HAVE
ANY
DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION AGREEMENT
(PARAGRAPH 11 OF. THIS PURCHASE AGREEMENT) ENTITLED “DISPUTE RESOLUTION -~
ARBITRATION” DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL
ARBITRATION ACT, AND BUYER AND SELLER ARE GIVING UP ANY RIGHTS BUYER
AND
SELLER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A-COURT OR JURY TRIAL.
BY INITIALING IN THE SPACE BELOW BUYER AND SELLER ARE GIVING UP THEIR
RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS
ARE
SPECIFICALLY INCLUDED IN THIS ARBITRATION AGREEMENT. IF BUYER OR SELLER
REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, BUYER OR
‘SELLER MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL “ARBITRATION ACT, THE
PARTIES’ AGREEMENT TO THIS ARBITRATION PROVISION 1S VOLUNTARY.
WWE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
ALL
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PARAGRAPH ENTITLED
“DISPUTE RESOLUTION - ARBITRATION” TO NEUTRAL, BINDING ARBITRATION..
he
Buyor
Initials:
12) TERMINATION:
a Buyer's. Default: Except as otherwise expressly provided herein, If Buyer defaults in its
obligations under this Purchase Agreement, Seller's sole and exclusive remex dy: shall be to terminate
this Purchase Agreement and retain the Earnest Money Deposit, the Option al Items Deposit, and all
other monies paid to Seller (paid as of the date of the default), as agreed a ictual liquidated damages,
not as a penalty, as further: described in Paragraph 13 below, and Seller shall have no further.
‘obligation to Buyer with respect to thé Property. In the event of any Buyer default, Seller shall have the
immediate and absolute right to terminate this Purchase Agr jreement and market and sell the Property to
any interested purchaser without ahy consent or waiver from Buyer. Notwithstanding this provision, if
Buyer fails to comply with any covenant in this Purchase Agreemer nt which survives termination’ or
Close of Escrow, Seller shall have the right to seek any remedy. available at law or in-equity.
b. Additional Events of Default: In addition to other events of default specified elsewhere in this
Purchase Agreement, each of the followin: 9 Shall be deemed an event of default on the part of Buyer:
(a) the filing by Buyer for any relief under any state or federal bankruptcy or insolvency law, or the filing
of same against Buyer which is not removed or quashed within forty-five (45) days of the date same is
originally filed; (b) the levy of any writ of attachment, execution, or other process whereby the interest of
Buyer in this Purchase Agreement Is levied on, the levy not having been removed or quashed within
fifteen (15) days after the date thereof; (c).an assignment by Buyer for the benefit of creditors, or Buyer
admitting in writing its inability to pay its debts es they mature; (d) failure to comply with the. terms and
Conditions of this Purchase Agreement; or, (e) the filing by Buyer of ‘any recorded lien, memorandum or
other instrument of record against the Home or Property. In the event of such a default, Seller may
exercise any of its rights and remedies provided in this Purchase Agreement.
Page
10 of 17
hoy te: tL $-
EXHIBIT A
zt
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still.provide a
certificate of service that complies with all applicable rules.
Carolyn Berlanga on behalf of Amy Nilsen
Bar No. 24027574
cberlanga@johnsontrent.com
Envelope ID: 79136914
Filing Code Description: Proposed Order
Filing Description: Order on Motion to Compel Arbitration
Status as of 9/1/2023 7:55 AM CST
Associated Case Party: Wayne Sutherland
Name BarNumber | Email TimestampSubmitted Status
Dax O. Faubus | 24010019 dax-notice@faubusfirm.com 8/31/2023 5:05:31 PM SENT
Shaun Hodge 24052995 shodge@hodgefirm.com 8/31/2023 5:05:31 PM SENT
Patrick Gurski pgurski@eilandiaw.com 8/31/2023 5:05:31 PM SENT
A. CraigEiland ceiland@eilandlaw.com 8/31/2023 5:05:31 PM SENT
Angie Bryan abryan@eilandlaw.com 8/31/2023 5:05:31 PM SENT
Associated Case Party: Big Tex Air Conditioning, Inc.
Name BarNumber | Email TimestampSubmitted | Status
Carlos A.Balido BalidoEDocsNotifications@wbclawfirm.com 8/31/2023 5:05:31 PM SENT
Amy Nilsen anilsen@johnsontrent.com 8/31/2023 5:05:31 PM SENT
Kimberly Lewis klewis@johnsontrent.com 8/31/2023 5:05:31 PM SENT
Alicia Freed freededocs@wbclawfirm.com 8/31/2023 5:05:31 PM SENT
Erin Lockshin elockshin@johnsontrent.com 8/31/2023 5:05:31 PM SENT
David Dennenberg | 24120798. ddennenberg@johnsontrent.com 8/31/2023 5:05:31 PM ERROR
Case Contacts
Name BarNumber Email TimestampSubmitted Status
George TJackson gjackson.atty@bushramirez.com 8/31/2023 5:05:31 PM SENT
Diana MAicala dalcala@brstexas.com 8/31/2023 5:05:31 PM SENT
Nicole Burrow nburrow@brstexas.com 8/31/2023 5:05:31 PM SENT
Suzanne Davis sdavis@brstexas.com 8/31/2023 5:05:31 PM SENT
t7
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Carolyn Berlanga on behalf of Amy Nilsen
Bar No. 24027574
cberlanga@johnsontrent:com
Envelope ID: 79136914
Filing Code Description: Proposed Order
Filing Description: Order on Motion to Compel Arbitration
Status as of 9/1/2023 7:55 AM CST
Case Contacts
James Rudnicki james@brstexas.com 8/31/2023 5:05:31 PM SENT
Carl Wilkerson cwilkerson@brstexas.com 8/31/2023 5:05:31 PM SENT
Kelli Mee kmiee@brstexas.com. 8/31/2023 5:05:31 PM SENT
Tayler Clendenen tclendenen@brstexas.com 8/31/2023 5:05:31 PM SENT
Jennifer Taylor jtaylor@brstexas.com: 8/31/2023 5:05:31 PM SENT
David MJones djones@brstexas.com 8/31/2023 5:05:31 PM SENT
Associated Case Party: Arnulfo Rodriguez Roofing Co., Inc.
Name BarNumber | Email TimestampSubmitted | Status
Randall Beaty rbeaty@newton-lawyers.com | 8/31/2023 5:05:31 PM | SENT
Associated Case Party: City Framers, LLC
Name BarNumber | Email TimestampSubmitted | Status
Timothy MeMurtrie tim.memurtrie@roystonlaw.com 8/31/2023 5:05:31.PM | SENT
Ahmad Chughtai ahmad.chughtai@roystonlaw.com | 8/31/2023 5:05:31.PM | SENT
Associated Case Party: Installed Building Products of Houston, LLC
Name BarNumber | Email TimestampSubmitted Status
Kourtney Mouton kmouton@feesmith.com 8/31/2023 5:05:31 PM SENT
Christine Aylor caylor@feesmith.com 8/31/2023 5:05:31 PM SENT
Megan Moore mmoore@feesmith.com 8/31/2023 5:05:31 PM SENT
Brian G.Cano beano@feesmith.com 8/31/2023 5:05:34.PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the. date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Carolyn Berlanga on behalf of Amy Nilsen
Bar No. 24027574
cberlanga@johnsontrent.com
Envelope ID: 79136914
Filing Code. Description: Proposed Order
Filing Description: Order on Motion to Compel Arbitration
Status as of 9/1/2023 7:55 AM CST
Associated Case Party: Installed Building Products of Houston, LLC
Justin Diaz jdiaz@feesmith.com 8/31/2023 5:05:31 PM ; SENT
Associated Case Party: LaW Weatherstripping, LLC
Name BarNumber | Email TimestampSubmitted | Status
Paul BStarr pstarr@germer-austin.com | 8/31/2023 5:05:31 PM | SENT
Associated Case Party: Wisenbaker Builder Services, Ltd.
$e
Name BarNumber | Email TimestampSubmitted Status
Stephanie Weiss sweiss@hudgins-law.com 8/31/2023 5:05:31 PM SENT
Mallorie Walker mwalker@hudgins-law.com 8/31/2023 5:05:31 PM SENT
Kevin Orr korr@hudgins-law.com 8/31/2023 5:05:31 PM SENT
Spencer Edwards sedwards@hudgins-law.com 8/31/2023 5:05:31 PM SENT
Associated Case Party:.BFS Group, LLC
Name BarNumber | Email TimestampSubmitted Status
lan McLin imclin@lang! jeybanack.com 8/31/2023 5:05:31 PM SENT
Maureen Purcell mpurcell@langleybanack.com 8/31/2023 5:05:31 PM SENT
Shawn Selvidge sselvidge@langleybanack.com 8/31/2023 5:05:31 PM SENT
Preview
Received: 8/31/2023 5:05 PM /0 ‘Envelope No. 79136914 if a & NO. 22-CV-1731 WAYNE SUTHERLAND and TERRI Ie THE DusTRICT cover SUTHERLAND. AY ti MS pr Plaintiffs, re, : a Ex4 8 i TAYLOR MORRISON OF TEXAS, INC. and TAYLOR WOODROW 10 JUDICIAL DISTRICT COMMUNITIES — LEAGUE CITY, LTD. Defendants/Third-Party Plaintiffs, Vv. BIG TEX AIR CONDITIONING, INC. Third-Party Defendants. GALVESTON COUNTY, TEXAS ORDER The Court heard and considered the following motions 1 DEFENDANTS’ MOTION TO COMPEL ARBITRATION contained within DEFENDANTS’ ORIGINAL ANSWER, etc. filed 10/3/2022: as DEFENDANTS’ PLEA IN ABATEMENT contained within DEFENDANTS’ ORIGINAL ANSWER, etc. filed 10/3/2022: a DEFENDANTS’: MOTION TO LIFT ABATEMENT AND SUPPLEMENTAL MOTION TO COMPEL ARBITRATION filed 7/28/2023; and BIG TEX AIR. CONDITIONING, INC.’S BIG TEX’S MOTION TO COMPEL ARBITRATION AS TO THE FOURTH-PARTY DEFENDANTS filed 7/21/2023 The Court, having considered the pleadings on file, responses, and arguments of counsel finds that said motions and plea should be and are hereby GRANTED. The Court finds: a. The abatement order is lifted as of January 30, 2023 b. all arbitration agreement, attached as Exhibit A, applies to resolve disputes among Plaintiffs and Defendants Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities-League City, Ltd. (collectively “Taylor Morrison Defendants”): 22— Cy 1794 a a || DcoRA > i[ j aesaoe Mbatement |} itmpay | i | the {11 arbitration agreement specifically incorporates American Arbitration Association (“AAA”) rules and delegates all further arbitrability issues for decision by an arbitrator in accordance with the {11 arbitration agreement; and a valid {12 arbitration agreement in the Master Agreement for Vertical Construction Services between the Taylor Morrison Defendants and Big Tex Air Conditioning, Inc. (“Big Tex”); and a valid §12 arbitration agreement in the Master Agreements for Vertical Construction Services between the Taylor Morrison Defendants and some of the Fourth-Party Defendants. IT IS THEREFORE ORDERED that, pursuant to Exhibit A, Plaintiffs, Wayne Sutherland and Terri Sutherland, shall initiate arbitration with the AAA to resolve théir disputes. with the Taylor Morrison Defendants. IT IS ORDERED that Big Tex shall join Plaintiffs’ AAA arbitration. IT IS ORDERED that the following Fourth-Party Defendants shall join the Plaintiffs’ AAA arbitration: Arnulfo Rodriguez Roofing. Co., Inc. Rosenberg Plumbing Service, Inc. City Framers, LLC Installed Building Products of Houston, LLC Wisenbaker Builder Services, Ltd IT IS ORDERED that the arbitrator shall initially resolve any and all-arbitrability disputes raised by any party; and, subject to the arbitrator’s resolution of such arbitrability disputes in favor of arbitration shall proceed. with arbitration of all claims which have or could have been brought by the parties in this lawsuit. IT IS FURTHER ORDERED that this case is hereby abated in its entirety until the Court’s order lifting abatement, and all settings, deadlines, discovery, and other obligations in this Court are stayed. signed this 27 "fay of SEAT 2008 ove. JUDGE fRESIDING GREED: /s/ Carl J. Wilkerson Carl J. Wilkerson State Bar No. 21478400 cwilkerson@brstexas.com Attorney for Defendants, Taylor Morrison of Texas, Inc. and. Taylor Woodrow Cormmunities-League City, Ltd. /s/ Craig Eiland ‘A. Craig Eiland State Bar No. 06502380 ceiland@eilandlaw.com Attorney for Plaintiffs, Wayne Sutherland and Terri Sutherland /s/ Amy Nilsen Amy Nilsen State Bar'No. 24027574 anilsen@johnsontrent.com Attorney for Third-Party Defendant, Big Tex Air Conditioning, Inc. /s/ Randall L. Beaty Randall L. Beaty State Bar No. 24095999 tbeaty@newton-lawyers.com Attorney for Defendant, Arnulfo Rodriguez Roofing Co., Inc. /s/ Ian M. McLin Tan M. McLin State Bar No. 24005071 imclin@langleybanack.com Attorney for Defendant,. BFS Group, LLC /s/ Timothy D. McMurtrie Timothy D. McMurtrie State Bar No. 13813900. tim.mcmurtrie@roystonlaw.com Brian G. Cano State Bar No. 24045613 beano@feesmith.com Attorney for Installed Building Products of Houston, LLC. Paul Byron Starr State Bar No. 24004934 pstarr@germer-austin.com Attorney for Defendant, L&W Weatherstripping, LLC Spencer Edwards State Bar No. 24004934 sedwards@hudgins-law.com Attorney for Defendant, Wisenbaker Builder Services, Ltd. George T. Jackson State Bar No. 10466950 gjackson@busliramirez.com Attorney for Defendant, Rosenberg Plumbing Service, Inc. Mar Belia 70 Chateau ’ 131211 TERMS, AND, BUYER SHALL BE DEEMED TO HAVE WAIVED ANY WARRANTIES, EXPRESS OR IMPLIED, OTHER. THAN THE LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, QUALITY OF CONSTRUCTION, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROPERTY AND THE SUBDIVISION/COMMUNITY IN WHICH THE PROPERTY IS LOCATED TO THE FULLEST EXTENT PERMITTED BY LAW. c. Consumer Products; Consumer Goods: This Limited Warranty does not cover any appliance, equipment, or other items which are “consumer products” for purposes of the Magnuson- Moss Warranty Act, 15 U.S.C. Section 2301 et seq. The only warranties of such consumer products or goods are those which the manufacturer provides to Seller and which are conveyed to Buyer from Seller, Information as'to such manufacturer's warranties will be provided to Buyer. Seller does not assume any obligation to service or repair such consumer products or gdads, Any consumer products of consumer goods installed in the Home are included on an “as is” basis with Buyer assuming the entire ‘cost of all necessary sérvice, -repair; or replacement in the event of defect in quality or performance and Buyer recognizes that the same may not be covered by a manufacturer's warranty. a. Right of Reasonable Entry: Buyer hereby grants Sellera right of reasonable access to the. Home and all portions of the Property upon reasonable notice during normal business hours after the close of Escrow to complete any components or elerients of the property deferred pursuant to the Limited Warranty or dther provisions of this Purchase Agreement, to perform corrective or ‘additional ‘work contemplated by the New Homeowner Orientation List (as defined below), or required by law, this Purchase Agreement or any governmental agency, or pursuant to this Limited Warranty, or to correct. any condition at the property claimed by Buyer to be defective and in need of repair. This provision is specifically enforceable. This section shall not be construed as an agreement by Sell ler to perform any Corrective, additional, remedial or other work. e. Homeowner Maintenance Requirements: A copy of the Taylor Morrison Homeowner Manual (the "Homeowners Manual") containing Buyer's maintenance obligations for the Property,, which is. Incorporated herein by reference and made a’part of this Purchase Agreement, is available for Buyer's Teview at the Sales Office and will be provided to’ Buyer at or prior to the Closing Date. Buyer agrees to comply with all maintenance requirements provided by Seller to Buyer, including without limitation any and all maintenance requirements, procedures and schedules detailed i in the Homeowners Manual and ‘any manufacturer Information Seller provi ides to Buyer. Buyer's failure to. abide by the requirements of the Homeowners Manual will void the Li imited Warranty. 11) DISPUTE RESOLUTION ~ ARBITRATION: ANY AND ALL CLAIMS, CONTROVERSIES, BREACHES OR DISPUTES BY OR BETWEEN THE PARTIES HERETO, ARISING OUT OF OR RELATED TO THIS PURCHASE AGREEMENT, THE PROPERTY, THE SUBDIVISION OR COMMUNITY OF WHICH THE PROPERTY IS A PART, THE SALE OF THE. PROPERTY BY SELLER, OR ANY TRANSACTION RELATED HERETO, WHETHER SUCH DISPUTE IS BASED ON CONTRACT, TORT, STATUTE, OR EQUITY, INCLUDING WITHOUT LIMITATION, ANY DISPUTE OVER: (a) THE DISPOSITION OF ANY. EARNEST MONEY. DEPOSIT HEREUNDER, (b) BREACH OF CONTRACT, (c) NEGLIGENT . OR INTENTIONAL MISREPRESENTATION OR FRAUD, (d) NONDISCLOSURE, (e) BREACH OF ANY ALLEGED DUTY OF GOOD. FAITH AND FAIR DEALING, (f) ALLEGATIONS OF LATENT OR PATENT DESIGN OR CONSTRUCTION DEFECTS, INCLUDING. WITHOUT LIMITATION, PURSUANT ‘TO. THE FEDERAL ARBITRATION ACT ANDIOR THE TEXAS ARBITRATION ACT, AT SELLER'S ELECTION (NO INTERLOCUTORY APPEAL OF DENIAL OF FAA MOTION TO COMI IPEL ARBITRATION, MUST USE MANDAMUS), (g) THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PLANNING, SURVEYING, DESIGN, ENGINEERING, GRADING, SPECIFICATIONS, CONSTRUCTION OR OTHER DEVELOPMENT OF THE PROPERTY, THE PARCELITRACT OR THE. COMMUNITY OF WHICH THE PROPERTY IS A PART, (h) DECEPTIVE TRADE PRACTICES OR (i) ANY OTHER MATTER ARISING OUT OF OR RELATED TO THE INTERPRETATION OF ANY TERM OR PROVISION OF THIS PURCHASE AGREEMENT, OR ANY DEFENSE GOING TO THE FORMATION OR VALIDITY OF THE AGREEMENT, OR ANY PROVISION OF THIS PURCHASE. AGREEMENT, INCLUDING EARNEST MONEY DEPOSITS DISPUTES, THIS ARBITRATION AGREEMENT, ALLEGATIONS OF UNCONSCIONABILITY, FRAUD IN THE INDUCEMENT, OR FRAUD IN THE EXECUTION, WHETHER SUCH DISPUTE. ARISES BEFORE OR AFTER THE CLO: SE OF ESCROW (EACH A “DISPUTE”), SHALL BE ARBITRATED PURSUANT TO THE FEDERAL ARBITRATION ACT AND SUBJECT TO THE PROCEDURES SET FORTH AS FOLLOWS: a. THIS ARBITRATION AGREEMENT SHALL BE DEEMED TO BE A SELF-EXECUTING ARBITRATION AGREEMENT. ANY. DISPUTE CONCERNING THE INTERPRETATION OR THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING WITHOUT LIMITATION, ITS REVOCABILITY OR VOIDABILITY FOR ANY CAUSE, ANY CHALLENGES TO THE ENFORCEMENT OR THE VALIDITY OF THE AGREEMENT, OR THIS ARBITRATION AGREEMENT, OR THE SCOPE. OF ARBITRABLE ISSUES UNDER THIS: ARBITRATION AGREEMENT, AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS ARBITRATION AGREEMENT, INCLUDING WITHOUT LIMITATION, WAIVER, ESTOPPEL, OR LACHES, SHALL BE Page 8 of 17 EXHIBIT A Mar Bella 70 Chateau 131211 DECIDED BY AN ARBITRATOR IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT AND NOT BY A COURT OF LAW. b. IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE PARTIES, SUCH DISPUTE SHALL BE RESOLVED BY AND PURSUANT TO THE ARBITRATION RULES AND PROCEDURES OF AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED, IN THE EVENT THE AMERICAN ARBITRATION ASSOCIATION IS FOR ANY REASON UNWILLING OR UNABLE TO SERVE AS THE ARBITRATION SERVICE, THEN THE PARTIES SHALL SELECT ANOTHER REPUTABLE ARBITRATION SERVICE. IF THE PARTIES ARE UNABLE TO AGREE ON AN ALTERNATIVE SERVICE, THEN EITHER PARTY MAY PETITION ANY COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED TO APPOINT SUCH AN ALTERNATIVE SERVICE, WHICH SHALL BE BINDING ON THE PARTIES, THE RULES AND PROCEDURES OF SUCH ALTERNATIVE SERVICE IN EFFECT. AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED SHALL BE FOLLOWED. A e Buyer and Seller expressly agree and acknowledge that this Purchase Agreement involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act (9 U.S.C. §1 et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state. or local law, ordinance, regulation, or judicial rule. Accordingly, any and all Disputes shall be arbitrated — which arbitration shall be mandatory and-binding — pursuant to the Federal Arbitration Act. a. This arbitration agreement shall inure to the benefit of; and be enforceable by, Seller and Seller's affiliated and related entities; and each of their respective employees, officers, directors, agents, representatives, contractors, subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person whom Buyer contends is responsible for ‘any alleged defect in or to the Property or any improvement or appurtenance thereto. The parties contemplate the inclusion of such parties in any arbitration of a dispute and agree that the inclusion. of such parties will not affect the enforceability of this arbitration agreement. e. In the event any dispute arises under the:terms of this Purchasé Agreement-or in the event of the bringing of any arbitration action by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Purchase Agreement, then all fees and costs shall be borne separately between the parties, including but not limited to all attorneys’ fees and expert witness costs resulting from the Dispute. The foregoing provision does not modify any provision of any contract between Seller and any third party frequiring indemnification or establishing a different allocation of fees aid costs between Seller and such third party. In the event Buyer is an entity and not a natural person-and Seller is the prevailing party, the individual signing this Purchase Agreement on behalf of such entity shall also be personally liable for Seller's fees and costs as aforesaid notwithstanding any indication that such individual is signing in a Corporate capacity. The provisions of this Paragraph shall survive the Close of Escrow or termination of this Purchase Agreement. f. The arbitrator shall be authorized to provide all recognized remedies available in Jaw or in equity for any cause of action that is the basis of the arbitration. g ‘The decision of the arbitrator shalll be final and binding. Buyer and Seller expressly agree that an application to confirm, vacate, modify, or correct an award rendered by the arbitrator shall be filed in ‘any court of competent jurisdiction in the county in which the Property is located. h To the extent that any state or local law, ordinance, regulation, or. judicial rule is inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding. i. The participation by any party, or any party whom Buyer contends is responsible for a Dispute, in any judicial proceeding concerning this arbitration agreement or any matter arbitrable hereunder shall not be asserted or accepted as a reason to delay, to refuse to participate in arbitration, or to refuse to compel arbitration, including instances in which the judicial proceeding involves parties not subject to this arbitration agreement and/or who cannot otherwise be compelled to arbitrate. i ‘The arbitrator appointed to serve shall be a neutral and impartial individual. k Unless the parties agree in writing to another location, Seller shall have the sole right to select the venue of the arbitration in either the county where the Property is located or in the City and County in which the Seller's Division Office Is located, if Seller so elects. L If any provision of this arbitration agreement shall be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Page 9 of17 EXHIBITA Mar Bella'70 Chateau asta . i m. Notwithstanding anythi Ing inconsistent in the rules and procedure of the arbitration service, the parties to the afbitration shall have the ri ight to. conduct a reasoni able amount of discovery, including written discovery, depositions and inspections and testing, all as approved and coordinated by the Arbitrator. n If any pi ision of this paragray iph is in conflict with or is different than any alternative dispute resolution provision of any CC&R's o} f any Association, Master Association, or any other common interest development association, then the provisions set forth.in this paragraph shall control. Howéver, any: and all disputes between Seller and the Association rising from or telated to the Project, Declaration. or any other agreements between Seller and Association shall bé resolved’ in accordance with the Declaration. i Notification. Buyer agrees to provide Seller with written notice of any matters relating to'a Dispute as soon as is reasonably possible after Buyer becomes aware, or should have become aware, of such matters and Dispute. fi Cooperation; Access; Repair. Buyer agrees to:provide Seller and its representatives, contract tors, and others.as Seller mi lay request, with prompt, reasonable cooperation, which may, for example, include access to all portions of the Property, in ‘order to facilitate Seller's investigation regarding a Dis} pute including, without limitation, for purposes of inspecting; testing, tepairing, replacing, correcting, or otherwise a ddressing matters related to the Dispute. - If the Dispute arises out of or relates to the plat inning, surveying, design, engineering, grading, ‘specifications, construction, or other development of the Property, Seller is hereby gra inted the irrevocable right, but is under no obligation, to inspect, repair and/or replace ‘any and all affected arts of the Property. NOTICE: BY INITIALING IN THE SPACE BELOW, BUYER AND SELLER AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION AGREEMENT (PARAGRAPH 11 OF. THIS PURCHASE AGREEMENT) ENTITLED “DISPUTE RESOLUTION -~ ARBITRATION” DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, AND BUYER AND SELLER ARE GIVING UP ANY RIGHTS BUYER AND SELLER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A-COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW BUYER AND SELLER ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS ARBITRATION AGREEMENT. IF BUYER OR SELLER REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, BUYER OR ‘SELLER MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL “ARBITRATION ACT, THE PARTIES’ AGREEMENT TO THIS ARBITRATION PROVISION 1S VOLUNTARY. WWE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ALL DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PARAGRAPH ENTITLED “DISPUTE RESOLUTION - ARBITRATION” TO NEUTRAL, BINDING ARBITRATION.. he Buyor Initials: 12) TERMINATION: a Buyer's. Default: Except as otherwise expressly provided herein, If Buyer defaults in its obligations under this Purchase Agreement, Seller's sole and exclusive remex dy: shall be to terminate this Purchase Agreement and retain the Earnest Money Deposit, the Option al Items Deposit, and all other monies paid to Seller (paid as of the date of the default), as agreed a ictual liquidated damages, not as a penalty, as further: described in Paragraph 13 below, and Seller shall have no further. ‘obligation to Buyer with respect to thé Property. In the event of any Buyer default, Seller shall have the immediate and absolute right to terminate this Purchase Agr jreement and market and sell the Property to any interested purchaser without ahy consent or waiver from Buyer. Notwithstanding this provision, if Buyer fails to comply with any covenant in this Purchase Agreemer nt which survives termination’ or Close of Escrow, Seller shall have the right to seek any remedy. available at law or in-equity. b. Additional Events of Default: In addition to other events of default specified elsewhere in this Purchase Agreement, each of the followin: 9 Shall be deemed an event of default on the part of Buyer: (a) the filing by Buyer for any relief under any state or federal bankruptcy or insolvency law, or the filing of same against Buyer which is not removed or quashed within forty-five (45) days of the date same is originally filed; (b) the levy of any writ of attachment, execution, or other process whereby the interest of Buyer in this Purchase Agreement Is levied on, the levy not having been removed or quashed within fifteen (15) days after the date thereof; (c).an assignment by Buyer for the benefit of creditors, or Buyer admitting in writing its inability to pay its debts es they mature; (d) failure to comply with the. terms and Conditions of this Purchase Agreement; or, (e) the filing by Buyer of ‘any recorded lien, memorandum or other instrument of record against the Home or Property. In the event of such a default, Seller may exercise any of its rights and remedies provided in this Purchase Agreement. Page 10 of 17 hoy te: tL $- EXHIBIT A zt Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still.provide a certificate of service that complies with all applicable rules. Carolyn Berlanga on behalf of Amy Nilsen Bar No. 24027574 cberlanga@johnsontrent.com Envelope ID: 79136914 Filing Code Description: Proposed Order Filing Description: Order on Motion to Compel Arbitration Status as of 9/1/2023 7:55 AM CST Associated Case Party: Wayne Sutherland Name BarNumber | Email TimestampSubmitted Status Dax O. Faubus | 24010019 dax-notice@faubusfirm.com 8/31/2023 5:05:31 PM SENT Shaun Hodge 24052995 shodge@hodgefirm.com 8/31/2023 5:05:31 PM SENT Patrick Gurski pgurski@eilandiaw.com 8/31/2023 5:05:31 PM SENT A. CraigEiland ceiland@eilandlaw.com 8/31/2023 5:05:31 PM SENT Angie Bryan abryan@eilandlaw.com 8/31/2023 5:05:31 PM SENT Associated Case Party: Big Tex Air Conditioning, Inc. Name BarNumber | Email TimestampSubmitted | Status Carlos A.Balido BalidoEDocsNotifications@wbclawfirm.com 8/31/2023 5:05:31 PM SENT Amy Nilsen anilsen@johnsontrent.com 8/31/2023 5:05:31 PM SENT Kimberly Lewis klewis@johnsontrent.com 8/31/2023 5:05:31 PM SENT Alicia Freed freededocs@wbclawfirm.com 8/31/2023 5:05:31 PM SENT Erin Lockshin elockshin@johnsontrent.com 8/31/2023 5:05:31 PM SENT David Dennenberg | 24120798. ddennenberg@johnsontrent.com 8/31/2023 5:05:31 PM ERROR Case Contacts Name BarNumber Email TimestampSubmitted Status George TJackson gjackson.atty@bushramirez.com 8/31/2023 5:05:31 PM SENT Diana MAicala dalcala@brstexas.com 8/31/2023 5:05:31 PM SENT Nicole Burrow nburrow@brstexas.com 8/31/2023 5:05:31 PM SENT Suzanne Davis sdavis@brstexas.com 8/31/2023 5:05:31 PM SENT t7 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Carolyn Berlanga on behalf of Amy Nilsen Bar No. 24027574 cberlanga@johnsontrent:com Envelope ID: 79136914 Filing Code Description: Proposed Order Filing Description: Order on Motion to Compel Arbitration Status as of 9/1/2023 7:55 AM CST Case Contacts James Rudnicki james@brstexas.com 8/31/2023 5:05:31 PM SENT Carl Wilkerson cwilkerson@brstexas.com 8/31/2023 5:05:31 PM SENT Kelli Mee kmiee@brstexas.com. 8/31/2023 5:05:31 PM SENT Tayler Clendenen tclendenen@brstexas.com 8/31/2023 5:05:31 PM SENT Jennifer Taylor jtaylor@brstexas.com: 8/31/2023 5:05:31 PM SENT David MJones djones@brstexas.com 8/31/2023 5:05:31 PM SENT Associated Case Party: Arnulfo Rodriguez Roofing Co., Inc. Name BarNumber | Email TimestampSubmitted | Status Randall Beaty rbeaty@newton-lawyers.com | 8/31/2023 5:05:31 PM | SENT Associated Case Party: City Framers, LLC Name BarNumber | Email TimestampSubmitted | Status Timothy MeMurtrie tim.memurtrie@roystonlaw.com 8/31/2023 5:05:31.PM | SENT Ahmad Chughtai ahmad.chughtai@roystonlaw.com | 8/31/2023 5:05:31.PM | SENT Associated Case Party: Installed Building Products of Houston, LLC Name BarNumber | Email TimestampSubmitted Status Kourtney Mouton kmouton@feesmith.com 8/31/2023 5:05:31 PM SENT Christine Aylor caylor@feesmith.com 8/31/2023 5:05:31 PM SENT Megan Moore mmoore@feesmith.com 8/31/2023 5:05:31 PM SENT Brian G.Cano beano@feesmith.com 8/31/2023 5:05:34.PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the. date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Carolyn Berlanga on behalf of Amy Nilsen Bar No. 24027574 cberlanga@johnsontrent.com Envelope ID: 79136914 Filing Code. Description: Proposed Order Filing Description: Order on Motion to Compel Arbitration Status as of 9/1/2023 7:55 AM CST Associated Case Party: Installed Building Products of Houston, LLC Justin Diaz jdiaz@feesmith.com 8/31/2023 5:05:31 PM ; SENT Associated Case Party: LaW Weatherstripping, LLC Name BarNumber | Email TimestampSubmitted | Status Paul BStarr pstarr@germer-austin.com | 8/31/2023 5:05:31 PM | SENT Associated Case Party: Wisenbaker Builder Services, Ltd. $e Name BarNumber | Email TimestampSubmitted Status Stephanie Weiss sweiss@hudgins-law.com 8/31/2023 5:05:31 PM SENT Mallorie Walker mwalker@hudgins-law.com 8/31/2023 5:05:31 PM SENT Kevin Orr korr@hudgins-law.com 8/31/2023 5:05:31 PM SENT Spencer Edwards sedwards@hudgins-law.com 8/31/2023 5:05:31 PM SENT Associated Case Party:.BFS Group, LLC Name BarNumber | Email TimestampSubmitted Status lan McLin imclin@lang! jeybanack.com 8/31/2023 5:05:31 PM SENT Maureen Purcell mpurcell@langleybanack.com 8/31/2023 5:05:31 PM SENT Shawn Selvidge sselvidge@langleybanack.com 8/31/2023 5:05:31 PM SENT