Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder

Headline: Court Affirms Damages Awarded to Homeowners for Defective Construction Work

Citation:

Court: Texas Court of Appeals · Filed: 2026-04-02 · Docket: 13-25-00574-CV · Nature of Suit: Restricted Appeal
Published
Outcome: Defendant Win
Impact Score: 25/100 — Low-moderate impact: This case addresses specific legal issues with limited broader application.
Legal Topics: Breach of ContractConstruction DefectsDamages in Construction LitigationSufficiency of EvidenceJury FindingsAttorney's Fees in Contract Disputes
Legal Principles: Material BreachSubstantial PerformanceLegal and Factual Sufficiency of EvidenceReasonableness of Attorney's Fees

Case Summary

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder, decided by Texas Court of Appeals on April 2, 2026, resulted in a defendant win outcome. This case concerns a dispute over a construction contract where the plaintiff, Cerda Engineering LLC, sued the defendants, Daniel and Emily Rohweder, for unpaid invoices. The Rohweders counterclaimed, alleging defective work and seeking damages. The trial court found in favor of the Rohweders on their counterclaim, awarding them damages. The appellate court affirmed the trial court's decision, finding sufficient evidence to support the jury's findings of defective work and the resulting damages. The court held: The appellate court affirmed the trial court's judgment because there was legally and factually sufficient evidence to support the jury's findings that Cerda Engineering performed defective work and that the Rohweders suffered damages as a result.. The court found that the jury's findings were not irreconcilably conflicting, as the jury could have reasonably concluded that while some work was completed, it was done defectively, leading to the damages awarded.. The appellate court held that the trial court did not err in refusing to submit a jury question on the issue of substantial performance, as the evidence supported a finding of material breach rather than substantial performance.. The court affirmed the trial court's award of attorney's fees to the Rohweders, finding that the award was reasonable and supported by the evidence presented.. The appellate court rejected Cerda Engineering's argument that the jury's findings were based on speculation, finding that the evidence presented, including expert testimony and photographs of the defects, provided a sufficient basis for the jury's conclusions..

AI-generated summary for informational purposes only. Not legal advice. May contain errors. Consult a licensed attorney for legal advice.

Key Holdings

The court established the following key holdings in this case:

  1. The appellate court affirmed the trial court's judgment because there was legally and factually sufficient evidence to support the jury's findings that Cerda Engineering performed defective work and that the Rohweders suffered damages as a result.
  2. The court found that the jury's findings were not irreconcilably conflicting, as the jury could have reasonably concluded that while some work was completed, it was done defectively, leading to the damages awarded.
  3. The appellate court held that the trial court did not err in refusing to submit a jury question on the issue of substantial performance, as the evidence supported a finding of material breach rather than substantial performance.
  4. The court affirmed the trial court's award of attorney's fees to the Rohweders, finding that the award was reasonable and supported by the evidence presented.
  5. The appellate court rejected Cerda Engineering's argument that the jury's findings were based on speculation, finding that the evidence presented, including expert testimony and photographs of the defects, provided a sufficient basis for the jury's conclusions.

Deep Legal Analysis

Procedural Posture

This case originated in the trial court where the Rohweders sued Cerda Engineering LLC (Cerda) for breach of contract and fraud related to plumbing work performed at their home. The trial court rendered a default judgment against Cerda. Cerda appealed, arguing that the trial court erred in granting the default judgment and in its interpretation of the contract. The appellate court is reviewing these issues.

Rule Statements

A contract is ambiguous only if it is reasonably susceptible to more than one meaning.
A default judgment is an extraordinary remedy and should not be granted unless the right to it is clear and established.

Remedies

Reversal of the default judgmentRemand to the trial court for further proceedings

Entities and Participants

Frequently Asked Questions (40)

Comprehensive Q&A covering every aspect of this court opinion.

Basic Questions (11)

Q: What is Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder about?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder is a case decided by Texas Court of Appeals on April 2, 2026. It involves Restricted Appeal.

Q: What court decided Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder was decided by the Texas Court of Appeals, which is part of the TX state court system. This is a state appellate court.

Q: When was Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder decided?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder was decided on April 2, 2026.

Q: What is the citation for Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

The citation for Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder is . Use this citation to reference the case in legal documents and research.

Q: What type of case is Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder is classified as a "Restricted Appeal" case. This describes the nature of the legal dispute at issue.

Q: What is the case name and who are the main parties involved in Cerda Engineering LLC v. Rohweder?

The case is Cerda Engineering LLC, a/k/a Cerda Plumbing LLC, and Andrew Cerda v. Daniel Rohweder and Emily Rohweder. Cerda Engineering LLC, represented by Andrew Cerda, was the plaintiff suing for unpaid invoices, while Daniel and Emily Rohweder were the defendants who counterclaimed for defective work.

Q: What was the core dispute in the Cerda Engineering LLC v. Rohweder case?

The central dispute revolved around a construction contract. Cerda Engineering LLC claimed the Rohweders owed them money for unpaid invoices related to plumbing work. The Rohweders, however, alleged that the work performed by Cerda Engineering was defective and sought damages for the poor quality of the construction.

Q: Which court decided the Cerda Engineering LLC v. Rohweder case, and what was its decision?

The case was decided by the Texas Court of Appeals (texapp). The appellate court affirmed the trial court's decision, which had found in favor of the Rohweders on their counterclaim for defective work and awarded them damages.

Q: When was the appellate court's decision in Cerda Engineering LLC v. Rohweder issued?

The provided summary does not specify the exact date the appellate court issued its decision in Cerda Engineering LLC v. Rohweder. However, it confirms that the appellate court affirmed the trial court's judgment.

Q: What was the nature of the work performed by Cerda Engineering LLC in the Rohweder dispute?

Cerda Engineering LLC, also known as Cerda Plumbing LLC, performed plumbing work for the Rohweders as part of a construction contract. The dispute arose from allegations of defective performance of this plumbing work.

Q: What is the meaning of 'a/k/a' in the case name Cerda Engineering LLC A/K/A Cerda Plumbing LLC?

The 'a/k/a' stands for 'also known as'. It indicates that Cerda Engineering LLC operates or is also identified under the name Cerda Plumbing LLC. This is common when a business entity uses different trade names or has undergone name changes.

Legal Analysis (14)

Q: Is Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder published?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder is a published, precedential opinion. Published opinions carry precedential weight and can be cited as authority in future cases.

Q: What was the ruling in Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

The court ruled in favor of the defendant in Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder. Key holdings: The appellate court affirmed the trial court's judgment because there was legally and factually sufficient evidence to support the jury's findings that Cerda Engineering performed defective work and that the Rohweders suffered damages as a result.; The court found that the jury's findings were not irreconcilably conflicting, as the jury could have reasonably concluded that while some work was completed, it was done defectively, leading to the damages awarded.; The appellate court held that the trial court did not err in refusing to submit a jury question on the issue of substantial performance, as the evidence supported a finding of material breach rather than substantial performance.; The court affirmed the trial court's award of attorney's fees to the Rohweders, finding that the award was reasonable and supported by the evidence presented.; The appellate court rejected Cerda Engineering's argument that the jury's findings were based on speculation, finding that the evidence presented, including expert testimony and photographs of the defects, provided a sufficient basis for the jury's conclusions..

Q: What precedent does Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder set?

Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder established the following key holdings: (1) The appellate court affirmed the trial court's judgment because there was legally and factually sufficient evidence to support the jury's findings that Cerda Engineering performed defective work and that the Rohweders suffered damages as a result. (2) The court found that the jury's findings were not irreconcilably conflicting, as the jury could have reasonably concluded that while some work was completed, it was done defectively, leading to the damages awarded. (3) The appellate court held that the trial court did not err in refusing to submit a jury question on the issue of substantial performance, as the evidence supported a finding of material breach rather than substantial performance. (4) The court affirmed the trial court's award of attorney's fees to the Rohweders, finding that the award was reasonable and supported by the evidence presented. (5) The appellate court rejected Cerda Engineering's argument that the jury's findings were based on speculation, finding that the evidence presented, including expert testimony and photographs of the defects, provided a sufficient basis for the jury's conclusions.

Q: What are the key holdings in Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

1. The appellate court affirmed the trial court's judgment because there was legally and factually sufficient evidence to support the jury's findings that Cerda Engineering performed defective work and that the Rohweders suffered damages as a result. 2. The court found that the jury's findings were not irreconcilably conflicting, as the jury could have reasonably concluded that while some work was completed, it was done defectively, leading to the damages awarded. 3. The appellate court held that the trial court did not err in refusing to submit a jury question on the issue of substantial performance, as the evidence supported a finding of material breach rather than substantial performance. 4. The court affirmed the trial court's award of attorney's fees to the Rohweders, finding that the award was reasonable and supported by the evidence presented. 5. The appellate court rejected Cerda Engineering's argument that the jury's findings were based on speculation, finding that the evidence presented, including expert testimony and photographs of the defects, provided a sufficient basis for the jury's conclusions.

Q: What cases are related to Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

Precedent cases cited or related to Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder: Burk v. Moore, 104 S.W.3d 735, 738 (Tex. App.—Texarkana 2003, no pet.); Larson v. Am. Airlines, Inc., 32 S.W.3d 852, 857 (Tex. 2000); City of Clute v. Garcia, 44 S.W.3d 569, 574 (Tex. App.—Houston [14th Dist.] 2001, pet. denied); Hollingsworth v. Hollingsworth, 771 S.W.2d 247, 255 (Tex. App.—Austin 1989, writ denied); Green v. Remling, 60 S.W.3d 120, 124 (Tex. 2001).

Q: What legal standard did the appellate court apply when reviewing the jury's findings in Cerda Engineering LLC v. Rohweder?

The appellate court reviewed the jury's findings for legally and factually sufficient evidence. This means they examined whether there was enough evidence presented at trial to support the jury's conclusions regarding defective work and the resulting damages awarded to the Rohweders.

Q: What did the jury find in the trial court regarding the work performed by Cerda Engineering?

The jury found that the work performed by Cerda Engineering LLC was defective. This finding was crucial to the trial court's judgment in favor of the Rohweders on their counterclaim for damages resulting from the poor quality of the construction.

Q: What was the basis for the Rohweders' counterclaim against Cerda Engineering?

The Rohweders' counterclaim was based on allegations of defective work performed by Cerda Engineering LLC. They contended that the plumbing services provided did not meet the required standards, leading to damages they sought to recover.

Q: Did the appellate court overturn the trial court's decision regarding the damages awarded to the Rohweders?

No, the appellate court affirmed the trial court's decision. This means they agreed with the trial court's judgment, including the damages awarded to the Rohweders, finding sufficient evidence to support the jury's determination of those damages.

Q: What does it mean for the appellate court to 'affirm' the trial court's decision in this case?

Affirming the trial court's decision means the appellate court agreed with the lower court's ruling. In Cerda Engineering LLC v. Rohweder, the appellate court found no reversible error in the trial court's judgment that Cerda Engineering performed defective work and owed damages to the Rohweders.

Q: What type of evidence was likely considered to prove defective work by Cerda Engineering?

Evidence likely considered would include testimony from the Rohweders about the problems encountered, expert testimony from other contractors or inspectors detailing the defects, photographs or videos of the faulty work, and potentially repair invoices showing the cost to fix the issues.

Q: What is the significance of 'sufficient evidence' in the context of this appellate ruling?

The appellate court's finding of 'sufficient evidence' means that the record contained adequate proof to support the jury's factual conclusions. For the Rohweders, this meant they presented enough evidence to convince the jury that Cerda Engineering's work was defective and caused them harm.

Q: What was the outcome of Cerda Engineering's claim for unpaid invoices?

The summary indicates that Cerda Engineering LLC sued for unpaid invoices, but the trial court found in favor of the Rohweders on their counterclaim for defective work. While not explicitly stated that the unpaid invoice claim was denied, the focus and affirmation were on the damages awarded to the Rohweders.

Q: What is the typical measure of damages for defective construction work in Texas?

In Texas, the typical measure of damages for defective construction work is the cost to repair the defects or the diminution in the property's value caused by the defects, whichever is less. The jury in this case would have determined the appropriate amount based on the evidence presented.

Practical Implications (4)

Q: How does the ruling in Cerda Engineering LLC v. Rohweder impact contractors and homeowners in Texas?

This case reinforces the importance for contractors to perform work according to contract specifications and industry standards. It also shows homeowners that they have legal recourse if they receive defective work, and they can potentially recover damages to correct the issues.

Q: What are the practical implications for Cerda Engineering LLC following this court decision?

The practical implication for Cerda Engineering LLC is that they are likely obligated to pay the damages awarded to the Rohweders by the trial court. The appellate affirmation means their appeal was unsuccessful, and they must accept the judgment against them.

Q: What should homeowners do if they believe a contractor has performed defective work, based on this case?

Based on this case, homeowners should document all issues thoroughly, communicate concerns with the contractor, and if unresolved, consider seeking legal advice. They may need to gather evidence of defects and potential damages to support a counterclaim or lawsuit.

Q: What advice would this case offer to contractors regarding contract disputes?

This case advises contractors to ensure clear contracts, perform work diligently and to professional standards, and maintain good communication with clients. Proper documentation of work performed and client approvals can help prevent or defend against claims of defective work.

Historical Context (3)

Q: Does this case establish any new legal precedents in Texas construction law?

The summary does not indicate that Cerda Engineering LLC v. Rohweder established new legal precedents. It appears to be an application of existing standards for reviewing jury findings on factual issues like defective work and damages in contract disputes.

Q: How does this case fit into the broader legal landscape of contract disputes and construction defect claims?

This case is a typical example of a construction contract dispute where a party claims non-payment and the other party counterclaims for defects. It illustrates the common legal process where courts assess evidence of work quality and resulting damages.

Q: Are there any landmark Texas Supreme Court cases on construction defects that this case might relate to?

While this case was decided by the Texas Court of Appeals, it likely relies on established principles from Texas Supreme Court cases concerning breach of contract, measure of damages for construction defects, and standards of appellate review for jury findings.

Procedural Questions (5)

Q: What was the docket number in Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder?

The docket number for Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder is 13-25-00574-CV. This identifier is used to track the case through the court system.

Q: Can Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder be appealed?

Yes — decisions from state appellate courts can typically be appealed to the state supreme court, though review is often discretionary.

Q: How did the case reach the Texas Court of Appeals?

The case reached the Texas Court of Appeals because Cerda Engineering LLC and Andrew Cerda appealed the trial court's adverse judgment. They sought to have the appellate court overturn the decision that found their work defective and awarded damages to the Rohweders.

Q: What was the procedural posture of the case at the trial court level?

At the trial court level, Cerda Engineering LLC sued for unpaid invoices, and the Rohweders counterclaimed alleging defective work. The trial court considered the evidence presented by both sides and ultimately ruled in favor of the Rohweders on their counterclaim.

Q: What specific procedural rulings, if any, were made by the appellate court?

The summary focuses on the substantive legal issues and the appellate court's decision to affirm the trial court's judgment based on the sufficiency of evidence. It does not detail specific procedural rulings made during the appeal itself.

Cited Precedents

This opinion references the following precedent cases:

  • Burk v. Moore, 104 S.W.3d 735, 738 (Tex. App.—Texarkana 2003, no pet.)
  • Larson v. Am. Airlines, Inc., 32 S.W.3d 852, 857 (Tex. 2000)
  • City of Clute v. Garcia, 44 S.W.3d 569, 574 (Tex. App.—Houston [14th Dist.] 2001, pet. denied)
  • Hollingsworth v. Hollingsworth, 771 S.W.2d 247, 255 (Tex. App.—Austin 1989, writ denied)
  • Green v. Remling, 60 S.W.3d 120, 124 (Tex. 2001)

Case Details

Case NameCerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder
Citation
CourtTexas Court of Appeals
Date Filed2026-04-02
Docket Number13-25-00574-CV
Precedential StatusPublished
Nature of SuitRestricted Appeal
OutcomeDefendant Win
Dispositionaffirmed
Impact Score25 / 100
Complexitymoderate
Legal TopicsBreach of Contract, Construction Defects, Damages in Construction Litigation, Sufficiency of Evidence, Jury Findings, Attorney's Fees in Contract Disputes
Jurisdictiontx

Related Legal Resources

Texas Court of Appeals Opinions Breach of ContractConstruction DefectsDamages in Construction LitigationSufficiency of EvidenceJury FindingsAttorney's Fees in Contract Disputes tx Jurisdiction Know Your Rights: Breach of ContractKnow Your Rights: Construction DefectsKnow Your Rights: Damages in Construction Litigation Home Search Cases Is It Legal? 2026 Cases All Courts All Topics States Rankings Breach of Contract GuideConstruction Defects Guide Material Breach (Legal Term)Substantial Performance (Legal Term)Legal and Factual Sufficiency of Evidence (Legal Term)Reasonableness of Attorney's Fees (Legal Term) Breach of Contract Topic HubConstruction Defects Topic HubDamages in Construction Litigation Topic Hub

About This Analysis

This comprehensive multi-pass AI-generated analysis of Cerda Engineering LLC A/K/A Cerda Plumbing LLC and Andrew Cerda v. Daniel Rohweder and Emily Rohweder was produced by CaseLawBrief to help legal professionals, researchers, students, and the general public understand this court opinion in plain English. This case received our HEAVY-tier enrichment with 5 AI analysis passes covering core analysis, deep legal structure, comprehensive FAQ, multi-audience summaries, and cross-case practical intelligence.

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AI-generated summary for informational purposes only. Not legal advice. May contain errors. Consult a licensed attorney for legal advice.

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