QUESTION
i had foundation and driveway work done in apr 2013. work has failed and i am unable to get the contractor to return to verify the "failed" work.
Asked on Oct 23rd, 2013 on Breach of Contract - Texas
More details to this question:
the work is warrantied but he has only answered one phone call and e-mail. he asks me to describe the problems but simply avoids an on-site return visit. we paid over 18,000 dollars and we would like to know whether we should make this a legal matter since he acts like he has no intention of honoring his warranty.
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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You may need a demand letter prepared letting the contractor know that you've been unable to reach him through traditional means and that you're requesting he return to repair the foundation and driveway. Be sure to give him a deadline to respond and let him know that if he doesn't return to repair the work, you will hire a third party to fix the work and sue him for breach of contract and breach of warranty for the cost of the repair as well as court costs and attorney's fees. Ifhe doesn't respond to your letter, you do have legal remedies available to pursue a lawsuit for the faulty work performed.
Answered on Oct 23rd, 2013 at 1:53 PM