PJC Business

PJC 115.48

D AMAGES

PJC 115.48 Question and Instruction on Damages for Misapplication of Trust Funds under the Texas Construction Trust Funds Act

[Insert predicate, PJC 115.1.]

QUESTION ______

What amount of trust funds of which Paul Payne was a beneficiary were misapplied by Don Davis and not paid to Paul Payne ? Do not add any amount for interest on damages, if any. Answer in dollars and cents for damages, if any. Answer: _______________

COMMENT

When to use. PJC 115.48 should be predicated on a “Yes” answer to PJC 101.47. Source of question. PJC 115.48 is derived from Choy v. Graziano Roofing of Texas, Inc. , 322 S.W.3d 276, 293–95 (Tex. App.—Houston [1st Dist.] 2009, no pet.). Attorney’s fees. Texas Property Code chapter 162 does not expressly authorize an award of attorney’s fees. Partial excuse. If there is a factual dispute regarding whether only a portion of the misapplication of trust funds is excused, the following instruction should be included: Do not include in your answer any amount of misapplied trust funds to which you found in Question _______ [ 101.48 ] an excuse applies.

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