Legal Question in Construction Law in Texas

promises not kept by connsturction company

I recently had a house built. I spent 4 hour examining a model like my home and took photos. I was promised stained glass inserts in my door. it was in the model and in the brochure. the house has closed and when i arrived from out of state my windows were not there. they said it was a mistake in the model and they never promised them to me. i have photos and one witness, my husband. how do i get my windows that were promised to me?


Asked on 11/07/03, 2:08 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: promises not kept by connsturction company

For a small filing fee, if you take your claim to small claims court you might win. I would write a demand letter to the builder first and threaten to go to court. Best of luck.

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Answered on 11/09/03, 3:16 pm
Charles White Charles G. White

Re: promises not kept by construction company

In most residential construction contracts, many details are not reduced to writing, and instead samples and models used to fill in the gaps. Otherwise, you would need to have a fully "specked" house with all the details similarly to what is done in connection with commercial building construction. Therefore it is likely that you are safe to presume that those models formed a part of the contract. Now it is time to talk to a lawyer to get a finely tuned Deceptive Trade Practice Letter written for you.

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Answered on 11/07/03, 2:19 pm


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