Legal Question in Construction Law in Texas
Our construction company did some work on a townhome governed by an HOA board including painting, which was subcontracted out. The painters did not do a good job and were fired after our company was notified of the unsatisfactory work. Our company then proceeded to let the homeowner know that we would be taking care of fixing the problem at no charge, as the project was under warranty. The townhome HOA proceeded to hire another contractor to re-do the work without our company's knowledge and then sent us a bill for the charges, which were MUCH more than our company charged. Is that legal or did the HOA have to allow our company to repair our mistake? There was only an issue with the painting of this home - all of the other work was satisfactory.
1 Answer from Attorneys
Not unless there was a statement in the contract giving them the right to do that. you should have been given a chance to correct the mistake.
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