Do I have to contact a lawyer if contracted work is unsatisfactory and contractor is slow In accepting responsibility and responding to complaint?
1 reply
Feb 4, 2020
It's certainly possible that a construction lawyer may be needed to force a contractor to make necessary repairs. However, before it comes down to pursuing legal action, it's important to follow required procedure under the Texas Residential Construction Liability Act (RCLA).
Of course, using the formal defect claim process under the RCLA isn't always necessary in order to convince a contractor to repair their work. Good old fashioned legal threats and complaints could do the trick there. But, it's a good way to show the contractor you mean business - and leveraging potential legal claims is a strong way to get the attention of a contractor.
The Texas Residential Construction Liability Act (RCLA)
First, an owner will need to send their contractor notice of the alleged defect. the notice should contain a fair amount of detail that way it's easy to ascertain the problem at hand. This notice must be given at least 60 days before any legal claim or arbitration is brought forward against the contractor. And, letting the contractor know that legal action will be pursued if the issue isn't fixed can help to speed things along.
After receiving that notice, the contractor will have 35 days to inspect the alleged defect - and they're entitled to bring in experts, to document the issue themselves, or even to request that the owner send pictures or video (and, sending that to them along with the notice might help speed things along). Meanwhile, within 45 days of the contractor receiving the initial notice, the contractor can make an offer - generally cash, offering to repair the issue, or some combination of those two. This should be done in writing (and generally is) since it could be important if the issue escalates.
The process described above is pretty simple, and it doesn't necessarily require a lawyer - at least not at that point. But, it could be helpful to utilize the services of an attorney anyway. They'll be able to help draft the notice of the defective work and help during negotiation on the matter.
For more one the RCLA, Nowak & Stauch has a great article: In a Texas Construction Claim, Timing is Everything.
Other options that could help push a contractor to make repairs
Additionally, or alternatively, there are some less-formal tools that could help to push a contractor to do the right thing and make repairs. Threatening to make a claim against their license bond or threatening to place a complaint with the licensing board could help move things along. And, the same is true for threatening to leave negative (but honest!) reviews of their business online - like on the Better Business Bureau, Angie's List, Google, Facebook, etc. And, if mere threats aren't enough there, actually pursuing those options could be helpful, too.