Legal Question in Consumer Law in Texas
Do I pay for a service if property damage occurred?
I hired a contractor to pressure wash my home. During the process, water came in through the space between my door and the frame, staining the drapes over the window on the door. I have not paid for the service yet and wonder if I can legally withhold payment until we come to an agreement about repair or replacement of the drapes. If the contractor doesn't agree to repair/replace the drapes, do I have to pay for services rendered before I take him to small claims court to settle the issue of the property damage?
1 Answer from Attorneys
Re: Do I pay for a service if property damage occurred?
I will venture to guess that you will several different opinions on this. My opinion is that you need to settle for whatever you can get, as I doubt a judge will hold the contractor responsible unless there is a term in the contract stating that it was his duty to inspect the house for any possible seepage spots.
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