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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 3631
Experience:  Licensed to practice before state and federal court
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What are the actions that can be taken against a builder who

Customer Question

What are the actions that can be taken against a builder who did sloppy work when putting in AC and now has mold on one of my units which sets directly above mymaster bathroom?
JA: Has any paperwork been drafted or filed?
Customer: No
JA: Where is the property located?
Customer: Denton, Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: House is less than 10 years old and I am assuming warranty is good as I believe this to be a habitory issue
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 4 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

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Expert:  Legal Eagle replied 4 months ago.

I'm sorry to hear about your situation. In your case, you have some options for this kind of work and I'll lay them out for you:

1. You could sue for breach of contract. A breach of contract occurs when one party fails to perform their promises in the agreement. If the builder did a substandard job in putting in the AC, then they did not perform up to their expectations. You could sue for the difference between what you paid and what it costs to fix it.

2. You could sue for negligence. Negligence means that the builder owed you a duty of care, breached that duty of care, and caused you harm as a result. Because the builder failed to perform their duty as required in the contract, any harm you suffered (either from the mold or from having to replace the item) you could recover your damages as a result.

Generally, working these things out in small claims court is often the best idea. The reason is because a judge would be able to hear your issues quickly and decide likely in your favor. If you need a replacement unit for the window in the meantime, you could click here.

Expert:  Legal Eagle replied 4 months ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?