If a customer will not give a company a chance to fix a problem and finish the job is that a breach of contract

6 days ago

I started building a patio cover for a customer and building it the way they asked, the city shut it down and had to wait two months for approval to continue the work. Now that it’s approved to continue the city did an inspection on the framing but failed it and the customer will not allow my the chance to fix the problem so it will pass inspection and they are trying to fire me as the contractor.

Additional info about this contractor
Project Role: General Contractor
Project Type: Residential
Attorney E. Aaron Cartwright III, Attorney At Law
41 reviews

Hello,

Not generally, no. It will usually depend on the terms of the contract and whether the contract mandates a period to cure any perceived defect. What’s oftentimes more pressing is whether the customer has paid you for labor and materials up until this point.

If they choose to sue you for some defective construction, they have to give you the opportunity to cure the problem or face consequences under Chapter 27 of the Texas Property Code including reduction of any amount of damages they are asking for.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

Disclaimer: I am an attorney but I am not your attorney... yet. The information provided here does not create an attorney/client relationship.
Managing member Santire Law Firm
1 review

I am going to assume this is a residence. Under Texas law, specifically the Residential Construction and Liability Act, you have the right to seek opportunity to make repairs and the homeowner has an obligation to do more than merely not let you do so.  The homeowner must give you, as the contractor, notice of the defect.  That seems to already have happened.  If you request, the homeowner must provide you with information as to the repairs necessary.  If the homeowner rejects a reasonable offer by you or will not permit you to make the repairs, then the homeowner is limited as to any recovery from you.   If the homeowner believes your offer is unreasonable, the homeowner is required to notify you in reasonable detail as to why it is considered unreasonable within 25 days after receiving your offer.  If the homeowner is not reasonable in rejecting your offer,  the amount of economic damages caused by the defect is limited.   Of course once all this happens you have the right to pursue payment for the work you did either in a lawsuit or, if the homeowner sues you, as a counterclaim.

Stanley P. Santire

Navigating the Challenges of Construction & Employment Law
SANTIRE LAW FIRM
Ph: 713-787-0405
Email: stanley@santire.com

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