Legal Question in Construction Law in Texas

Re: Installation Warranty Expired

The mere fact that the customer signed a form that the job was done to their satisfaction probably does not negate your express one-year warranty. Because the installer was hired by you, I take it that the sale and installation of the tile was a turn-key job, thereby making you responsible for the installer's work. Also, good business sense says that you will take care of it if the installer will not take care of it, and that you will pursue the installer for damages if you still can find him.

Re: Installation Warranty Expired

I went back and re-read your question. You said that the tile started coming up after the warranty had expired. My answer might be somewhat different based on the facts as you have presented. If the express warranty stated that it was made in lieu of all other warranties, and in lieu of all other claims for damages and was reasonably conspicuous, it may stand up over a common law claim based onpoor workmanship. I realize that my answer should be limited to a legal analysis only. However, my earlier advice of good business decision still stands. Fixing it probably will be more economical than litigating the matter to see if your express warranty was properly written, etc.

Re: Installation Warranty Expired

Charles White has given you good advice. You also have to factor in the goodwill you'll receive by doing the work even though it's outside the warranty period.

The downside for not taking care of the repairs is that everyone in the congregation will know who was responsible for not fixing the lousy tile job. That sort of publicity can be extremely expensive.