Articles Tagged with DTPA

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GuestandGrayPic-300x88Guest and Gray Law Firm is the largest, most highly rated local law firm in Kaufman and Rockwall Counties. Why? Because we are litigators who fight for our clients. We are not just a bunch of local guys who went to law school and decided to come back home to practice. We love where we live and we love the people here.

Our main office is located in old downtown Forney inside the old bank building. If you have driven through old downtown, then you know us. You’ve seen the big gray building with big “Guest & Gray” letters on the front. We also have an office near the Rockwall Court Courthouse in Rockwall to serve our growing needs in Rockwall. Both Rockwall and Forney are currently experiencing growth never before seen in this area. With unprecedented growth, both Rockwall and Forney are having to deal with problems they have never had to face before.

This growth has created a need for experienced local attorneys who know the lay of the land. When you have a local problem, you need a local attorney. Here at Guest & Gray we are proud to say that we have answered that call. Case after case, we effectively resolve the issues our clients are facing. No legal problem is too big or too small. No matter what your litigation needs are, they are important to us. Why? Because the people of Rockwall and Kaufman county are important to us.

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Shoddy craftsmanship is one of the biggest concerns people have when they search for contractors to do repairs or upgrades to their home. The person you hire should be reliable and you should be able to rely on the fact that you paid them money to do a good job. Unfortunately, that is not always how it goes. When you are the victim of a bad construction job, what can you do? Well, Texas answered that question by passing the Deceptive Trade Practices Act.

The Deceptive Trade Practices Act is a consumer protection law that holds people and businesses accountable for using false or deceptive trade practices in the State of Texas. Construction work typically and most squarely falls under the DTPA through the breach of express or implied warranty claims. An express warranty is one that is included in the contract with the contractor when you signed it, and an implied warranty is one that is implied by law, such as the implied warranty of good and workmanlike manner.

Warranties are a great tool for attorneys who wish to use the DTPA and are standard tools in any DTPA suit against a contractor. These implied warranties fit very nicely next to the standard breach of contract claims that you will want to bring. They fit nicely because the difference between a breach of contract and a breach of warranty, which are separate causes of action, but the warranty usually springs into play as a result of the contractor breaking some part of the agreement that produces shoddy workmanship or a finished product that is different from what was explicitly agreed upon. In order to determine which warranties come into play, we must look at the contract you signed (if you signed one).