Legal Question in Consumer Law in Texas

Is a warranty given by email valid and legal?

I just had a new deck completed 11/09/09 and some of the decking is having structural issues such as bouncing and flexing. It has detached from the support boards underneath and moves a bit.

We hired an independent contractor and the only paperwork we have is a form we signed called "acceptance of proposal" which included the work to be done and the amount the job would cost, but no info on a warranty. However I do have an email he sent before work started that the job includes a 5 year warranty provided the deck is properly maintained.

He is not returning calls or emails and I think he is giving us the "brush off" to return to repair the deck. If I wanted to try to persuade him to honor his work by suggesting legal action is the email statement of warranty good enough or am I out of luck? Do I have any other legal options to get him to fix the new deck he just built? We had a great working relationship and would be disappointed to have to ruin that so I want to be sure I have a leg to stand on before I choose to confront him. That is, if he'll return my calls...

Any advice is greatly appreciated,

bw1802


Asked on 12/03/09, 2:57 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Go ahead and hang your hat on the email warranty. There is also a "warranty" that work that someone performs (and is paid for) will be done properly. This has nothing to do with the email.

Stop using the telephone. Don't call this person again, ever. Start using PAPER. Write him a letter, put a date on it, send it to him by certified mail (the postage will be $5.54), and keep a copy. The letter should say:

Dear Mr. Roberts,

We contracted for you to work on my deck, and you completed the work on November 2, 2009. We have paid you the total amount we agreed to pay. Since that time, we have discovered that the deck is wobbly and crooked. We have tried to tell you about this, but you don't answer your phone anymore.

We will expect to hear from you by December 27 to let us know what your intentions are. If we don't hear from you, we will hire someone to fix the deck, and will sue you for the repair costs.

This will be our last communication before suit is filed.

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Answered on 12/09/09, 10:59 am


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