Legal Question in Consumer Law in Texas

Contractor Fraud

I hired a contractor to level a corner of my brick (veneer) home. The contractor said that he could level the corner if he put in 3 piers for $1100. The contractor got on the middle pier and jacked it up causing a large crack up my wall. The contractor said that he would have to put in an additional 3 piers for $850 more dollars in order to close the crack. The original corner did not level out and I ended up with more damage than I had before. I signed a contract stating that he was not responsible for damages but what I hired him for is not fixed and now he is harrasing me for payment. I put down $700 dollars. Am I responsible for the other amount since my home is still not repaired? My contract states that I will pay regardless (in small print)


Asked on 4/09/02, 8:31 pm

1 Answer from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: Contractor Fraud

Without the contract it is difficult to offer any info within any degree of certainty. However, what you may have on your hands is a claim for violations of the Deceptive Trade Pratices Act. Furthermore, the provision you speak of may be unconscionable.

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Answered on 4/11/02, 11:48 am


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