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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55288
Experience:  Attorney with 29 years of experience.
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Starting in about August of 2016, I resolved to make some

Customer Question

Starting in about August of 2016, I resolved to make some minor home improvements: among other things, adding a solar powered drive way gate. I contracted a company named "Roy Shoemake Constructiion" form Castroville, Texas. They built and installed an impressive looking gate. The gate has never worked correctly. It functiions for a few days then stops. They've been out here 4 or 5 times, they get it going only to have it stop working again a few days later. Each time it's "a defective unit", "a defective component", or other excuse. The last time the man came out was about a month ago. He hold my wife he had ordered a whole brand new unit. That was the last I hears from them. I have called numerous times seeking some sort of status only to get a recording: "sorry not here, text me", and texted numerous times with no response. I feel they are ignoring me. The gate project cost me about $2400.00. What are my options?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I live in Lytle, Texas, just SW of San Antonio. This company is located in Castroville, Texas, close by but in another county.
JA: Has anything been filed or reported?
Customer: Not sure what you mean. This is the first action I've taken.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is a reputable company. This is why I contracted them. I don't know what to make of it or why they have behaved this way toward me.
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 6 months ago.

Good morning. I would raise the stakes on them. First, get an estimate from another company of the cost to properly repair/replace the gate. Then, send Roy Shomake Company a certified, return receipt requested letter detailing the history and their default, and demand they pay you what it will cost you to have another company make the repair/replacement (whichever is necessary) since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit you will be filing this claim not only as a breach of contract case, but also as fraud, gross negligence, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this to your satisfaction without a hearing rather than risk punitive damages and the time and expense of defending a suit they can't win.

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