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We are calling to find out if we have a case against a contractor who did not do the
job we contracted for- he installed black plastic piping instead of pcp pipe, which allows water to back up thru the pipes. also, he did not pitch the piping so the water would drain properly, he also put holes in the bottom of the catch basin which allows the water under ground to fill up the catch basin
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 4 minutes by:
9/1/2016
Real Estate Lawyer: Richard, Lawyer replied 1 year ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,807
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Real Estate Lawyer: Richard, Lawyer replied 1 year ago

Yes, you absolutely have recourse. What you want to do is raise the stakes on him. First, get an estimate from another contractor for the cost to remediate the work that was done improperly. Then, send the existing contractor a certified, return receipt requested letter detailing the history, including the faulty workmanship, and demand he pay you what it will cost you to have the other contractor fix the problems since you no longer have confidence in him. Inform him that if he does 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 you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud 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, he will settle this without a hearing rather than risk punitive damages and the judgments being on the record.

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Richard, Lawyer
Category: Real Estate Law
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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