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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32372
Experience:  Began practicing law in 1992
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We have contracted to have a home built with an established

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We have contracted to have a home built with an established builder in Houston, TX. The air conditioning ductwork is going through the elevator shaft. We have a copy of the plans and this is a deviation from the plans. They have also put an air intake/air register one inch from an air vent. We have repeatedly told the representative, but it has not been changed. Should we contact the original architect for an inspection! We are ready to back out of the contract and lose $17,000 rather than end up with a defective $600,000 house.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Yes, you would definitely want to contact the architect and have him inspect the work to be sure that it meets the plans.

Dwayne B. :

Unfortunately, it is extremely hard to sue and get full satisfaction from a builder in Texas.

Customer: What steps would we take if the architect does not respond? Since this is a large builder, I'm sure he has in house architects.
Dwayne B. :

Do you have a set of the plans from your architect?

Customer: My daughter has the copy, so it's not in front of me. She has been checking the house daily for me and sending pictures. I thought I might print the pictures, and send them along with a certified letter stating my concerns. I will pursue the architect first.
Dwayne B. :

You may want to consider going and talking to a local lawyer who does Civil Litigation. You can ask the architect to look it over and then if there is a discrepancy you can discuss your alternatives with the attorney and the architect. You have several choices but often if you get a lawyer involved early you can head off anything too difficult.

Dwayne B. :

The lawyer can tell the architect what he will need addressed in the report in case a lawsuit is eventually necessary.

Customer: Thank you for the advice. I will pursue this as you suggest.
Dwayne B. :

Any other questions I can assist with?

Customer: My concern now is that I may not be able to find the architects name. I don't recall it being on the plan., But i could be mistaken. Would the builder be required to give me their name if requested?
Dwayne B. :

It usually would be on the blueprints. There is no law that requires them to give you the architects name but I would think they wouldn't object to doing so.

Customer: They do have a good record with the BBB. Two warranty complaints and six product/services complaint--all resolved. I will plan for the worst and hope for the best!
Dwayne B. :

That is the smart way to approach it.

Dwayne B. :

Once you issue a Positive Rating this question will change formats and no longer time out so if you think of a follow up later you can come back to it and ask.

Dwayne B. :

If you don't have anything else I'll exit now to assist others.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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