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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100043
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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In May of 2014, our Texas condo association red an elevator

Customer Question

In May of 2014, our Texas condo association hired an elevator company to make repairs on our elevator. However, they put in a much smaller motor than required which caused extensive damage to the elevator. We've written them a letter, but have gotten no response. What is the statute of limitations on filing suit for this and what basis would we have to sue (i.e., contract, fraud, DTPA, tort, etc.) Thank you!
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

if the company did a bad job on a contract, then they can be sued for negligence and breach of contract.

The elements of a negligence cause of action are (1) The defendant owed a legal duty to the plaintiff, (2) The defendant breached that duty, and (3) The breach was a proximate cause of the plaintiff's personal injury or property damages. D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002).

The elements of a breach of contract cause of action are (1) There is a valid contract; (2) The plaintiff performed or tendered performance according to the terms of the contract; (3) The defendant breached the contract; and (4) The plaintiff sustained damages as a result of the breach. Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.).

The statute of limitations is four years from the event.

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