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Because the contractor walked off the job, we had a home inspector come out and inspect for structural integrity. He found that over half of the load bearing walls must be repaired due to being crooked. All the windows have to be removed, and header and footer boards installed. The exterior doors... View More 
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answered on Aug 3, 2023
Yes, you have stated facts that support suing the contractor for damages for breaching the contract and a cause of action for a breach of the Implied Warranty of Workmanship, whether the contract was written or oral, if your claim can be filed within the applicable statute of limitations.... View More
I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More
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answered on Jul 29, 2023
Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.
See a good... View More
Major "settling" cracks throughout the home. One portion of drywall has pulled away from another in an upstairs corner.
Am I entitled to anything? What can I do? What's a reasonable settlement?
answered on Jul 12, 2023
You may or may not have a valid claim depending upon the extent of the deflection or tilt measured by your structural engineer and what he determines is the cause. The foundation and major structural components of a home are subject to a minimum warranty period of ten years from the date of... View More
Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.
answered on May 24, 2023
Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.
It really depends upon what your structural engineer expert... View More
Hi, We bought a brand new built house from a Builder mid December 2022 in Katy, TX.
3 months ago, my wife suspected termites. We called the builder company and the pest control company linked to the builder: They suspected termites but then they said it is not...
We got an... View More
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answered on Apr 27, 2023
A refund on a house purchase is a rare event. The hardest part of bringing such a case in your situation is proving that the termites were already in the house when you bought it. The second part of proof that you will need is that the contract did not say the house was sold "AS IS."... View More
OpenDoor was the owner/seller. We had it inspected before closing and it was noted it had been treated for termites but no mention of damage or live mites. We paid full price because opendoor would not negotiate price. After closing we found extensive termite damage and live mites. Many of the... View More
answered on Mar 30, 2023
In order to prevail in a lawsuit against the seller, you will need to prove that the seller was aware of the termite damage and infestation and that the damage and infestation were hidden such that they could not have been discovered before you purchased the home.
You mention the inspection... View More
He was taking to long and missed several days, and I tried to communicate with him to check how We can proceed with the cancelation of this project but he is not answering any of my calls. Can He put a lien on my property? Do should be worried about it? Do I need to hire a real state lawyer?
answered on Feb 15, 2023
Yes, I would be concerned.
You should have consulted an attorney experienced in construction law before unilaterally terminating the contract.
A contract is binding on both parties. In the absence of a clear expression in the contract of a fixed completion date and that time is of... View More
I signed up to have solar installed on my home. The installer came out and put panels up but they did not finish the installation. I cannot use my solar panels. The finance company says I still owe them money, however.
The installation company is ignoring me and the finance company.... View More
answered on Feb 13, 2023
It's possible that you may be able to void the solar contract and the financing contract if the work was not completed. A lot depends on the wording of what you signed and on how Texas courts are currently interpreting these contracts. You will need to take all your paperwork to an attorney... View More
I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?
answered on Jan 2, 2023
Yes, the TWCC has a specific form especially designed for this purpose.
The home seller in this case specializes in buying extremely distressed properties, hiring cheap labor to fix them up, then offers them to people with poor credit at high interest. One of the contractors who worked on a lot of the houses entered into verbal agreement to buy two houses on two... View More
answered on Jan 1, 2023
Contracts for the purchase of real property are required to be in writing. There is no such thing as a verbal contract to buy a house.
You can verbally rent a house on a month-to-month lease.
*Mispelt road sorry*
I'm pretty sure the dip was caused by water somehow, because over time a fairly straight street turned into it. Every time it rains there is basically a small pond at the end of my driveway. We've contacted the city numerous times about it, but the last time... View More
answered on Dec 11, 2022
A Texas attorney could advise best, but your question remains open for three weeks. There wouldn't be an injury case for almost slipping. The standard is one of actual damages. If it's an engineering-type problem involving inadequacies in municipal storm drainage infrastructure, you could... View More
We had a contractor come in to remove existing framing and put in new framing per plans. Most of the studs are anywhere from 13 to 21 inches apart and warped studs, per inspector. He also did not follow plans. We do not want this contractor back on the property. Can we sue for labor and cost of... View More
answered on Oct 25, 2022
When a contractor does non-conforming work, you have the choice of either accepting or rejecting such work.
Non-conforming work is work that is not defective but which fails to conform to the plans.
Think you wanted the paint to be salmon in color but instead they used coral... View More
I hired a Tile installer to redo a shower. I noticed they started cutting corners and were wanting to charge more for the job after they started. Eventually, before I could stop the work, they quickly progressed to try and finish and charge. However, I instructed them to install the restroom... View More
answered on Sep 17, 2024
Generally, contractors like this are not employees but rather independent contractors. The key difference between an employee and an independent contractor concerns control over the work. An independent contractor controls the manner, means, methods, and details of his work. Conversely, you... View More
answered on Jul 11, 2024
Yes, of course you can.
Depending on the construction project at issue, you might also see if the contractor violated the Texas Construction Trust Fund Act that imposes criminal liability in certain circumstances.
We entered into a contract for build in November 23. We made structural upgrades to the build. The builder never moved those numbers to the sales agreement. We then made design upgrades. We again amended the sales agreement but it never had structural upgrade costs put on it. The builder, nor us,... View More
answered on Apr 10, 2024
The answer to your question depends on whether your contract with the builder was a "fixed price" contract (e.g., "I will building you that house for $500,000") or a "cost-plus" contract (e.g., "I will build you that house for whatever it costs me plus 10%").... View More
The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.
I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More
answered on Jan 30, 2024
You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.
I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More
answered on Nov 7, 2023
I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.
I won a small claims case in TX as the defendant and the Plaintiff was ordered to pay my attorney fees. My attorney billed me after the court date. Should my attorney bill me or the Plaintiff?
answered on May 2, 2023
Your attorney must bill you as you are the party who hired him and agreed to pay him.
You are entitled to recover your attorney fees from the other party
So you pay your attorney and then recover the same amount from the plaintiff.
a 3-5 day job has turned into 7 weeks, way over materials budget. I had to provide transportation everyday for him. somedays he did not show up, some days he showed up but did no work. I have cameras in my yard. I have a crappy shell of a shed and no money to finish the shed and he is now... View More
answered on Mar 9, 2023
There are some very specific requirements before a contractor can put a lien against your homestead. So, if this is your homestead, I doubt he can put a lien against your property.
On the other hand, a shed is most likely a removable. A contractor can use self-help to repossess a... View More
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