Legal Question in Consumer Law in Texas
Damaged property
What should one do it they hired a company to do work in their home and the company did significant damage to the home while completing thier task? They claimed to be bonded and insured, but when the chips are down they don't want to make an insurance claim and won't disclose their insurer. We have witheld the balance of the contract, but the damage far exceeds that. Also, can one use small claims court for damages in excess of the remainder of the contract or whould that contract amount be considered in the judgement (it really exceeds $5,000)
1 Answer from Attorneys
Re: Damaged property
You may have a claim under the Deceptive Trade Practices Act. This can result in treble damages and an award of attorney's fees. By filing a suit, you can force the opposing party to disclose their insurer along with other information. If you would like to discuss this further, please feel free to give me a call.
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