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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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