Legal Question in Consumer Law in Texas

I hired Lowes in Round Rock TX to install my carpet in my bedrooms and vinyl in my bathrooms. They were scheduled to come out for the install of the vinyl on Friday February 10th and Saturday February 11th. Lowes advised me that I had to have all my furniture removed from the bedrooms and the toilets removed from the bathrooms. I am disabled in my right arm and had to hire a neighbor to move my furniture and remove my toilets. Well the never showed up on either day and when I called to find out why they said they switched installers and never notified the new installer or me about the switch. Now I was left with a house in a wreck and no working bathrooms. Lowes did agree to have the installers come back out the next week on Tuesday February 14th and to have a plumber come out on the 10th to reinstall my toilets, but couldn't do anything about all my furniture. I asked to be compinsated for my troubles and they said they would but didn't want to talk about it till the job was complete. They also agreed to have the same plumbers come back out on the new install date to take the toilets back out and then come after the install to put toilets back in running condition. Well the day came for them to install my floors and the showed up an hour late and then didn't do the job correctly. Oh and when the plumbers came to take the toilets out, they put them in the bathtubs in each bathroom. I asked the plumber if her was going to put them in the tubs to please lay a towel down first so they don't scratch my bathtubs and I even brought them two towels. Well they did lay a towel down in the guest bathroom tub but didn't in the master bathtub. They only used tissue paper. Well after they came back to reinstall the toilets they left the tissue paper in the tub and when we went to clean up the mess they left we picked up the tissue paper and saw a 6" crack in out master bathroom bathtub. It was very noticable and even push in a bit. Pieces of the tub floor where even laying next to it like they had dropped the toilet on accident and then tried to cover it up. When I brought this to Lowes attention they sent the install manager and the plumbing manager from that local store in Round Rock TX to take pictures. Later that day after they took the pictures they called me and said they aren't assuming fault and that we must have done it ourself. I asked them also about what they were planned to offer me for compinsation from them no showing on me and for showing up late and not doing the install correctly and they just offered me a $100 gift card. I was very upset because I had to take off two days of work and had to live with a messed up house for several days and now they were leaving me with a broken tub. What should I do and how should I go about getting what is fare for my troubles and how to get my bathtub fixed? My wife and I are not sure what to do from here. Do we even have a case?


Asked on 2/20/12, 10:54 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Write them a letter and tell them what you told me. Tell them how much of your contract price you want refunded ($600? $300?) based on how much it will cost to fix the bath tub, and how much your trouble is worth. Give them a time deadline.

When the deadline passes and you haven't received a check from them, sue them for breach of contract.

Read more
Answered on 2/20/12, 12:08 pm


Related Questions & Answers

More Consumer Law questions and answers in Texas