Legal Question in Construction Law in Texas

Deceitful Building/Business Practice
After moving into our brand new home we discovered the side and back wall hung over the foundation excessively.In Dec.02 a support was started but never finished for the overhanging walls. Feb.03 we filed a complaint with the VA. Four days before the inspection the builder hired a contractor to add cement to the foundation to hide the overhang. Knowing that the builder was being deceitful, I contacted the VA inspector. He told me to let the contractor do the work. The day of the inspection, the VA inspector gave us correspondence he had received from the builders division president. It stated an Engineer evaluated the overhanging walls and recommended cosmetic work would be effective. The builder stated they had obtained a certified copy of the engineer's report and would send us a copy. We received a bogus report from the builder. It didn't confirm anything the division president stated in his correspendence and it was dated twelve days after the inspection. In other words,an Engineer never recommended the cosmetic repairs.We informed and sent the VA inspector a copy of the bogus letter,he didn't seem to care. He suggested we put the house up for sale.
Please advise, Thanks

Asked on 6/13/03, 3:45 am

Peter Bradie Bradie, Bradie & Bradie

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Re: Deceitful Building/Business Practice

You don't know if it's a material defect or a cosmetic defect. You need to have an engineer examine the wall/foundation situation and advise.

You don't know whether the damages are the cost to repair, or the diminished value of the property.

Last, you don't know whether the builder was aware of the defect and abandoned repair before move-in, or whether a subcontractor was responsible.

All of the above need to be determined before any decision can be reached.

Answered on 6/13/03, 10:27 am

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