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legalgems
legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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Ram Foundation Repair installed 11 piers around my house in

Customer Question

Ram Jack Foundation Repair installed 11 piers around my house in 2010. I am now having foundation problems again. I have a 10 year year warranty on their work. I have called them twice to come out and inspect my house and each time all they want to do is charge me more money and install more piers. Do I have any recourse?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No, I have tried unsuccessfully twice to get them to honor the warranty but they will not. All they want to do is install more piers.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

I am sorry to hear this;

if a contractor fails to honor their warranty, they can be liable under a breach of warranty theory; this requires the owner to prove the existence of an implied or express warranty, that the goods did not comply with this, and the non-compliance caused property damage/injury.

Similarly if the work was defective, the contractor can be responsible for damages "reasonably foreseeable" and "proximately caused" by the defect on a breach of contract and negligence theory.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

If the foundation work needs rectified the homeowner can hire a third party to perform the work (after the original contractor refuses to rectify the situation) and sue for the difference - keeping in mind that a homeowner has a "duty to mitigate damages" (meaning they can't go to the highest bidder just to spite the defendant, for example)-r

Please keep in mind a homeowner cannot recover on each theory -rather the idea of pleading multiple causes of action is to help secure a judgment- in case the homeowner cannot prove the element of one cause of action, there is another cause to rely on. This is common.

If more piers are necessary and the contractor should have initially installed these, the homeowner would sue for the cost of installation of these piers. It helps to have a professional inspector or alternative bids to help prove one's case and damages.

Small claims is suitable for claims under $10,000 otherwise one would need to bring suit in general civil court:

https://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf

Here is a sample complaint letter:

https://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
The total cost was for services was $11,690.00 plus I took out a loan with my credit union to pay them so there were interest charges. What kind of attorney would handle a case like this?
Expert:  legalgems replied 4 months ago.

A general civil litigation attorney or consumer law. So firms specialize in construction litigation. Let me get you a link to the state bar referral page.

Expert:  legalgems replied 4 months ago.

Thank you for your patience; I could not get the site to download; here is that link.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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