Little Elm, TX asked in Real Estate Law and Construction Law for Texas

Q: Foundation company says after 3 months they won’t honor warranty due to not watering

Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Construction Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.

If your warranty requires you as the homeowner to properly water the soil around your foundation, you can prove that you complied with your warranty provisions by showing photographs of your sprinkler system, mister system, and/or soaker hoses, having your system inspected by a sprinkler company and having its inspector provide a sworn declaration and inspection report reflecting that your system is fully operational, weather history reports showing the precipitation in your area over the time period, and producing copies of your water bills reflecting water usage that supports your assertion that you consistently used your system when it wasn't raining in your area.

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