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About 4 mos ago a concrete contractor, referred to us by…

Customer Question
About 4 mos ago...

About 4 mos ago a concrete contractor, referred to us by Home Advisor, poured a slab in our yard for a 20 x 20 storage building. We paid him 3200 dollars for the slab. When the construction men showed up it was discovered that the slab, among other things, is not square. The contractor has not answered our calls or messages.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Yes.....Ovilla Texas

Lawyer's Assistant: Has anything been filed or reported?

Well I did contact Home Advisor and the contractor's insurance company.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 5 hours by:
3/14/2018
Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,897
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

A contractor can be liable for both breach of contract and negligence if the work that is performed is subpar or does not meet the terms of the contract.

Under either theory, the homeowner may sue for the cost of repairing the situation which may include demolition and reinstallation. Typically the court prefers the plaintiff owner to give the defendant a chance to remedy the situation unless the work is so clearly shoddy that the owner's confidence in their ability is reasonably diminished; in which case the court may award the cost of hiring a third party professional to rectify the problem. The idea is to give plaintiff the benefit of the bargain-ie to get the bargained for service/product at the contractual price, hence why the court will reimburse the plaintiff for reasonably incurred costs if breach/negligence is determined.

Generally first a letter is sent often accompanied by a third party estimate, requesting the problem be rectified either by the contractor correcting the issue by a certain date, or paying the third party estimate.

If the contractor refuses, small claims is appropriate for cases less than $10,000; please see:

http://guides.sll.texas.gov/small-claims

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 4 months ago
I have spoken with a representative of Hiscox Insurance who carry an insurance policy on Walker's Lawn and Garden. They asked that I allow them the chance to contact their client. They said they would call me back. It's been several days and they have not contacted me.
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

Generally then the next step is to send a demand letter to the company who will forward it to the insurance company; if there is no response then the option is to file in civil suit for breach of contract and negligence.

The link to small claims is above.

Kindly rate 5 stars if you feel I have earned it and good luck to you on this.

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